RFQ-23-115-RB-HVAC-8.2.23.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, Contract in response to Request for Quote (RFQ) RFQ-23-115.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04/06-02-2023.

D. This RFQ is issued as 100% Unrestricted Set-Aside, and the associated NAICS Code is 238220, which has a small business standard of $19.0.

E. The 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.

See attached Price Schedule (Tentative Period of Performance Dates)

1. Base Year: August 18, 2023 thru August 17, 2024: One Year @ $__________per year.

2. Option Year 1: August 18, 2024 thru August 17, 2025: One Year @ $__________per year.

3. Option Year 2: August 18, 2025 thru August 17, 2026: One Year @ $__________per year.

4. Option Year 3: August 18, 2026 thru August 17, 2027: One Year @ $__________per year.

5. Option Year 4: August 18, 2027 thru August 17, 2028: One Year @ $__________per year.

F. To provide Annual/Quarterly/Emergency Call Inspection/Preventative Maintenance Services for the HVAC/Heating/Cooling system.

G. Services will be provided at the Rosebud Indian Health Center, 800 Hospital Drive., PO Box 400, Rosebud, South Dakota 57555.

H. The period of performance will be Date of Award of Base Year with Four (4) Option Years.

I. 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-23-115.

2. Closing Date: August 17, 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. Statement stating ability to meet qualifications and the requirements of the Statement of Work

11. 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)

12. 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.

In addition, Contractors shall provide the following:

• Shall meet the Minimum Requirements Criteria of the Statement of Work.

• Copy of Diplomas/Specialty Certifications.

• Copies of Continuing Education, if applicable.

Basis of award is Lowest Price, Technically Acceptable “LPTA” bid package. All of the above is required in order to be considered technically acceptable (See Instructions to Offerors).

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 paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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 (June 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: Wenda Wright, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 email wenda.wright@ihs.gov Questions in regards to this solicitation shall be submitted in writing by either email no later than August 15, 2023, 12:00pm CST. Contractors will need a UEI number, TIN number, and be registered with www.sam.gov.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government.

Quotation must set forth full, accurate and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date referenced. All required information must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusions List at http://exclusions.org.hhs.gov throughout the duration of the contract.

Contractor must be registered with the System for Award Management (SAM) at www.sam.gov

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

https://www.sam.gov/portal mailto:wenda.wright@ihs.gov http://exclusions.org.hhs.gov/ http://www.sam.gov/

Invoice Processing Platform (IPP) In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

Estimated Unit Description Unit Quantity Cost Cost

1 Inspection and start-up of boiler EA 1 at start of heating season

2 Midseason preventative maintenance EA 2 of mini split systems

3 Midseason preventative EA 1 maintenance check of chiller system

4 Annual inspection and preentative EA 15 maintenance of pumps

5 Annual inspection and preventative EA 2 maintenance of water heaters

6 Quarterly inspection and preventative EA 6 maintenance of air handling units (6 AHU's X 4 PMI's)

7 Annual inspection, calibration and EA 300 adjustment of air volume control devices (VAV)

8 Annual Inspection and Preventative EA 6 Maintenance of Exhaust Fans

10 Annual Inspection and Preventative EA 1 Maintenance of Heat Exchanger

11 Site Visits for Emergency Repairs EA 6 Average time of visit is 4 hours onsite and travel

12 Estimated Emergency Parts YR 1 13 South Dakota Excise Tax EA 4

Total for Base Year

Base Year - Price Schedule for Rosebud Indian Health Service PM/HVAC

1 Inspection and start-up of boiler EA 1 at start of heating season

2 Midseason preventative maintenance EA 2 of mini split systems

3 Midseason preventative EA 1 maintenance check of chiller system

4 Annual inspection and preentative EA 15 maintenance of pumps

5 Annual inspection and preventative EA 2 maintenance of water heaters

6 Quarterly inspection and preventative EA 6 maintenance of air handling units (6 AHU's X 4 PMI's)

7 Annual inspection, calibration and EA 300 adjustment of air volume control devices (VAV)

8 Annual Inspection and Preventative EA 6 Maintenance of Exhaust Fans

10 Annual Inspection and Preventative EA 1 Maintenance of Heat Exchanger

11 Site Visits for Emergency Repairs EA 6 Average time of visit is 4 hours onsite and travel

12 Estimated Emergency Parts YR 1 13 South Dakota Excise Tax EA 4

Total for Option Year One (1)

Option Year One (1) - Price Schedule for Rosebud Indian Health Service PM/HVAC

1 Inspection and start-up of boiler EA 1 at start of heating season

2 Midseason preventative maintenance EA 2 of mini split systems

3 Midseason preventative EA 1 maintenance check of chiller system

4 Annual inspection and preentative EA 15 maintenance of pumps

5 Annual inspection and preventative EA 2 maintenance of water heaters

6 Quarterly inspection and preventative EA 6 maintenance of air handling units (6 AHU's X 4 PMI's)

7 Annual inspection, calibration and EA 300 adjustment of air volume control devices (VAV)

8 Annual Inspection and Preventative EA 6 Maintenance of Exhaust Fans

10 Annual Inspection and Preventative EA 1 Maintenance of Heat Exchanger

11 Site Visits for Emergency Repairs EA 6 Average time of visit is 4 hours onsite and travel

12 Estimated Emergency Parts YR 1 13 South Dakota Excise Tax EA 4

Total for Option Year One (2)

Option Year Two (2) - Price Schedule for Rosebud Indian Health Service PM/HVAC

1 Inspection and start-up of boiler EA 1 at start of heating season

2 Midseason preventative maintenance EA 2 of mini split systems

3 Midseason preventative EA 1 maintenance check of chiller system

4 Annual inspection and preentative EA 15 maintenance of pumps

5 Annual inspection and preventative EA 2 maintenance of water heaters

6 Quarterly inspection and preventative EA 6 maintenance of air handling units (6 AHU's X 4 PMI's)

7 Annual inspection, calibration and EA 300 adjustment of air volume control devices (VAV)

8 Annual Inspection and Preventative EA 6 Maintenance of Exhaust Fans

10 Annual Inspection and Preventative EA 1 Maintenance of Heat Exchanger

11 Site Visits for Emergency Repairs EA 6 Average time of visit is 4 hours onsite and travel

12 Estimated Emergency Parts YR 1 13 South Dakota Excise Tax EA 4

Total for Option Year One (3)

Option Year Three (3) - Price Schedule for Rosebud Indian Health Service PM/HVAC

1 Inspection and start-up of boiler EA 1 at start of heating season

2 Midseason preventative maintenance EA 2 of mini split systems

3 Midseason preventative EA 1 maintenance check of chiller system

4 Annual inspection and preentative EA 15 maintenance of pumps

5 Annual inspection and preventative EA 2 maintenance of water heaters

6 Quarterly inspection and preventative EA 6 maintenance of air handling units (6 AHU's X 4 PMI's)

7 Annual inspection, calibration and EA 300 adjustment of air volume control devices (VAV)

8 Annual Inspection and Preventative EA 6 Maintenance of Exhaust Fans

10 Annual Inspection and Preventative EA 1 Maintenance of Heat Exchanger

11 Site Visits for Emergency Repairs EA 6 Average time of visit is 4 hours onsite and travel

12 Estimated Emergency Parts YR 1 13 South Dakota Excise Tax EA 4

Total for Option Year One (4)

Option Year Four (4) - Price Schedule for Rosebud Indian Health Service PM/HVAC

Base Year :

Opt Yr 1 Opt Yr 2 Opt Yr 3 Opt Yr 4

TOTAL =

Offerors Signature Date

Price Schedule for Rosebud Indian Health Service PM/HVAC Yearly Cost

STATEMENT OF WORK

FOR PREVENTATIVE MAINTENANCE ON HOSPITAL SYSTEMS

A. PURPOSE OF CONTRACT:

Purpose of this contract is to provide services to the Rosebud Hospital for HVAC system, heating Systems, Cooling Systems. Provide a contract for a Base plus Four (4) Option Years if determined to be in the best interest of the government.

B. SCOPE OF WORK:

1) Start-up-Shut down: Contractor shall come to the Rosebud Hospital and perform 4 quarterly site visits for the purpose of startup and shutdown of cooling system and heating system, midseason performance check of heating system and cooling system to include Air Handling Units and Department Condensing Unit services. 2 day prior notice of scheduled visits.

2) Reports and Recommendations: After each visit to the facility, the contractor shall discuss any deficiencies noted with the facility manager on site and provide in writing any recommendations of deficiencies found and provide quotes to services deficiencies to bring us into compliance.

3) Additional Services- Rosebud hospital would like to add to the service contract for 4 emergency calls to respond within 4 hours after the call is initiated. And 4 non-emergency calls for any serious issue that would arise for any item in the service contract.

4) Preventative Maintenance tasks.

Boiler-

• Check Safety Relief Valve

• Check Temperature Controls

• Inspect Piping and Connections

• Check and inspect low water cutoffs

• Check make up water system

• Check combustion air intake system

• Inspect valves

• Inspect water level gauge glass and controls

• Check contacts on all controls

• Check make up water, clean ends adjust as needed

• Check fire side of boiler and stack clean as needed

• Inspect refractory

• Blowdown mud legs

• Blowdown gauge glass

• Blowdown main

• Blowdown all low water cutoffs

• Provide annual inspection checklist

Oil Fired Burner-

• Check burner operation, pull and clean as needed

• Check combustion blower, clean as needed

• Check combustion controls

• Check electrodes for proper alignment and verify operational condition

• Check oil pump for leakage and proper pressure

• Check burner safety controls

• Check for out leaks at all valves and connections

• Check solenoid valves for proper operation

• Check burner control system

• Check linkages

• Check for proper ignition

• Check flame detection safety controls for proper operation

• Perform combustion analysis and make adjustments as needed

Chillers-

• Inspect for leaks

• Check belts, sheaves, and coupling alignment. Replace and adjust as needed

• Check compressor oil level, acid test oil, and meg hermetic motor , change oil and refrigerant filter dryer as needed

• Check compressor crankcase heater operation

• Check vibrations eliminators. Adjust or replace as needed

• Inspect electrical connections, contactors, relays, and operating safety controls

• Clean external surfaces as needed

• Review manufacturers recommendation for start up

• Check auxiliary equipment operation

• Energize crankcase heater per manufacturers recommendations for crankcase warm up

• Inspect and test all operating and safety controls

• Start chilled water pump, condenser water pump, and cooling tower

• Check refrigerant charge, oil and oil pressure

• Log all operating conditions after unit stabilizes

Air Handling Units 1-6

• Inspect and clean fan/blower motor assembly as needed

• Lubricate fan and motor bearings per manufacturers recommendation

• Inspect belts and sheaves, adjust or replace as needed

• Tighten all nuts and bolts

• Inspect motor mounts and vibration pads. Adjust or replace as needed

• Check motor operations

• Inspect electrical connections and contactors

• Lubricate and adjust associated dampers and linkage

• Check fan operation

• Clean outside air intake screen

• Inspect and clean drains and drain pans

• Inspect and clean strainers, check steam traps and hand valves

• Check filter advancing mechanism, lubricate and adjust as required

• Inspect filters

• Check heating and cooling coils

• Inspect humidifier

• Clean external surfaces as required

Department Condensing Units 1-5

• Inspect and clean fan/blower motor assembly as needed

• Lubricate fan and motor bearings per manufacturers recommendation

• Inspect belts and sheaves, adjust or replace as needed

• Tighten all nuts and bolts

• Inspect motor mounts and vibration pads. Adjust or replace as needed

• Check motor operations

• Inspect electrical connections and contactors

• Lubricate and adjust associated dampers and linkage

• Check fan operation

• Clean outside air intake screen

• Inspect and clean drains and drain pans

• Inspect and clean strainers, check steam traps and hand valves

• Check filter advancing mechanism, lubricate and adjust as required

• Inspect filters

• Check heating and cooling coils

• Inspect humidifier

• Clean external surfaces as required

C. GOVERNMENT FURNISHED EQUIPMENT, FACILITIES AND PROPERTY:

Secure places for Equipment.

D. CONTRACTING OFFICER REPRESENTATIVE (COR): (NAME, TITLE, AND PHONE

NUMBER) (ATTACH CERTIFICATE):

Edward Arcoren Maintenance Supervisor 605-747-0424

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Service Type, 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. 52.202-1 Definitions June 2020

2. 52.203-3 Gratuities April 1984

3. 52.203-12 Limitation on Payments to Influence Certain June 2020 Federal Transactions

4. 52.203-17 Contractor Employee Whistleblower Rights June 2020 And Requirement to Inform Employees of Whistleblower Rights

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

6. 52.204-7 System for Award Management October 2018

7. 52.204-9 Personal Identity Verification of Contractor January 2011 Personnel

8. 52.204-13 System for Award Management Maintenance October 2018

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

10. 52.204-17 Ownership of Control of Offeror August 2020

11. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

12. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications

13. 52.209-2 Prohibition on Contracting with Inverted November 2015 Domestic Corporation - Representation

14. 52.212-1 Instructions to Offerors - Commercial Products March 2023 and Commercial Services

15. 52.212-4 Contract Terms and Conditions December 2022

- Commercial Products and Commercial Services

16. 52.225-25 Prohibition on Contracting With Entities June 2020

Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

17. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

18. 52.232-40 Providing Accelerated Payments to Small November 2021 Business Subcontractors

19. 52.233-2 Service of Protest September 2006

20. 52.237-1 Site Visit April 1984

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

22. 52.242-13 Bankruptcy July 1995

23. 52.242-15 Stop-Work Order August 1989

24. 52.247-34 F.o.b. Destination November 1991

25. 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 Offerors Representations and Certifications - December 2022 Commercial Products and Commercial Services (See attached)

3. 52.212-5 Contract Terms and Conditions Required To June 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. 52.217-9 Option to Extend the Term of the Contract March 2000

6. 52.232-18 Availability of Funds April 1984

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

8. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

9. 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 (Dec 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph

(v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer— https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041 https://www.sam.gov/

(1) A description of all covered telecommunications equipment and services offered (include brand;

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.217-8 Option to Extend Services.

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

OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of clause)

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

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

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __60___ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60___ days [60 days unless a different number of days is inserted] 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__.

(End of clause) https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175

52.232-18 Availability of Funds.

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

AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(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 _8/14/2024_______. 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 8/14/2024_____, 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)

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):

https://www.acquisition.gov

(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)

https://www.acquisition.gov/far/part-32#FAR_32_706_1 https://www.acquisition.gov/far/part-32#FAR_32_706_1 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

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

(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 352.232-71 Electronic Submission of Payment Requests February 2022

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

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

352.226-1 Indian Preference.

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

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

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.

http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614

(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 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.

332.232-71 Electronic Submission of Payment Requests.

In accordance with HHSAR 332.7003, the Contracting Officer shall insert the following clause:

Electronic Submission of 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) http://www.ipp.gov/ http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128

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.

http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-337-service-contracting-general/index.html#337.103

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

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

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.