RFQ 75H70626Q00068 - Medical Gas Services-3.12.26.pdf

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Firm-Fixed Price, Non-Personal Service Type, Commercial Item, Purchase Order
Solicitation number
75H70626-00068
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RFQ 75H70626Q00068 – Medical Gas Services and Air Filters

This is a combined synopsis and solicitation for commercial items issued by the Great Plains Area Indian Health Service (IHS) for medical gas services and air filters. The IHS seeks a Firm-Fixed Price, Non-Personal Service Type, Commercial Item Purchase Order to supply oxygen and air filters to the Cheyenne River Health Center in Eagle Butte, South Dakota. The contract period runs from Date of Award through one year, plus four optional one-year extension periods. This is a 100% unrestricted set-aside under NAICS Code 325120 (small business standard: 1,200 employees). Award will be made on an "all-or-none" basis to the lowest-priced technically acceptable offeror. A prior Notice of Intent to Award Sole Source (Notice ID: 1519228) was posted from January 7-23, 2026, with no responses received.

Quotations must be submitted electronically to wenda.wright@ihs.gov by March 18, 2026, at 12:00 pm CST. Offerors must provide monthly and annual rental costs for bottled gas tanks, total costs for gases and tank rentals associated with specified quantities, total contract period costs, Material Safety Data Sheets for oxygen, liquid nitrogen, acetylene, and argon, and minimum two verifiable past performance references. Monthly requirements include 127 oxygen tanks (various sizes: K, DEY, E, D), 10 liquid oxygen dewars, 2 liquid nitrogen tanks, 3 acetylene tanks, 1 argon/CO₂ mix tank, and 80 assorted MERV 10 and MERV 15 air filters. Collections and deliveries occur monthly on the first Monday unless otherwise arranged. The government will provide storage rooms; the contractor must maintain compliance with NFPA standards for healthcare and applicable federal, state, and local regulations. Unit pricing must be all-inclusive of travel, lodging, per diem, fringe benefits, and taxes. Offerors must be registered with SAM.gov, provide a UEI number and TIN, and not be listed on the OIG Exclusions List. Evaluation uses Lowest Price Technically Acceptable (LPTA) criteria, with non-price factors rated as acceptable or unacceptable; option pricing must not be significantly unbalanced.

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A. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

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) 75H70626Q00068. Award will be made on an “all-or-none” basis. A notice of Intent to Award Sole Source (Notice ID: 1519228) was posted from 1/7/26 through 1/23/26 with no responses received.

This acquisition is not set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

B. 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.

Complete the attached SF-1449 and Price Schedule. Lowest Price Technically Acceptable This acquisition is to provide Medical Gas Services (Oxygen and Air Filters). This is a 100% Unrestricted set-aside. The associated NAICS Code is 325120, which has a small business standard of 1,200 employees. The period of performance will be Date of Award through One (1) year plus Four Option Years.

C. Supply/Service will be provided for the Cheyenne River Health Center, 24276 166th St., Eagle Butte, South Dakota 57625.

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

E. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Deviation

November 2025).

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

1. Solicitation number RFQ 75H70626Q00068.

2. Closing Date: March 18, 2026 at 12:00 pm CST

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

4. Technical description of the site/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. Acknowledgment of Solicitation Amendments (if any issued)

9. Statement stating ability to meet qualifications and the requirements of the Statement of Work

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 information, or reject the terms and conditions of the solicitation may be excluded from consideration.

F. FAR 52.212-2 Evaluation - Commercial Products and Commercial Services (Deviation November 2025) 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 offers utilizing the procedures of FAR 12.203 Evaluation. 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 “Scope 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 “Scope of Work” and “Contractor Submittal Requirements”. In addition, Contractors shall provide the “Contractor Submittal Requirements”. Submittals have no format requirement but shall contain the following to be considered technically acceptable:

• Monthly and annual cost of all medical and non-medical bottled gas tanks rental.

• Total cost for the gases associated with the listed quantities.

• Total cost for tank rental charges associated with the listed quantities.

• Total cost for the contract period.

• Material Safety Data Sheet (MSDS) for the oxygen, liquid nitrogen, acetylene, and argon.

• Minimum of two verifiable references of past performance.

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 Price Schedule must be completed for all line items and all option years and will be evaluated as to completeness and reasonableness.

(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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of Award. A written notice of award or acceptance of an offer 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.

I. 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 email no later than March 16, 2026, 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 90 days from the date of receipt by the Government.

Quotation must set forth full, accurate and complete information as required by the 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 mailto:wenda.wright@ihs.gov http://exclusions.org.hhs.gov/ http://www.sam.gov/

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

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

IHSEAGLEBUTTE CODE 16. ADMINISTERED BYCODE

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR159

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

1700 ET605-226-7724WENDA WRIGHT

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00068

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 IHS1519228OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

EAGLE BUTTE SD 57625

Airport Road 24276 166th Street

EAGLE BUTTE SERVICE UNIT

15. DELIVER TO

Aberdeen SD 57401 115 Fourth Ave, SE Federal Building

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Aberdeen Area Indian Health Servic

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm-Fixed Price, Non-Personal Service Type, Commercial Item, Purchase Order to provide Medical Gas Services (Oxygen and Air Filters) for the Cheyenne River Health Center, Eagle Butte, South Dakota. Period of Performance: Date of Award through One year plus Four Option Years.

1 Medical Gas Services (Oxygen and Air Filters) Base Year - Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2 Medical Gas Services (Oxygen and Air Filters)

Option Year One (1) -

(Option Line Item)

3 Medical Gas Services (Oxygen and Air Filters)

Option Year Two (2) -

(Option Line Item)

4 Medical Gas Services (Oxygen and Air Filters)

Option Year Three (3) -

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00068

5 Medical Gas Services (Oxygen and Air Filters)

Option Year Four (4) -

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SERVICES AND PRICES/COSTS

Firm-Fixed Price, Non-Personal Service Type, Commercial Item, Purchase Order for the Facility Department at the Cheyenne River Health Center, located in Eagle Butte, South Dakota. The Period of Performance will be from Date of Award through One (1) Year, with Four-One (1) Year Option Periods.

BASE YEAR: Date of Award through One (1) Year

Item No

Descript of Service Estimated Qty Per Month

Unit Unit Price Total Amount

1. K Medical Oxygen, non flammable gas

35 Tanks

2. DEY Medical Oxygen, non flammable gas

2 Tanks

3. E Medical Oxygen, non flammable gas

65 Tanks

4. D Medical Oxygen, non flammable gas

25 Tanks

5. Dura 5500 Liquid Medical Oxygen, non flammable gas

10 Tanks

6. Medical Lab 5 Liquid Nitrogen, non flammable gas

2 Tanks

7. DEY Acetylene, flammable gas 1 Tank

8. K Argon CO2 Mix, flammable gas 1 Tank

9. 20x25x2 MERV 10 Pleated Air Filters

10 Each

10 20x24x2 MERV 10 Pleated Air Filters

10 Each

11. 24x24x2 MERV 10 Pleated Air Filters

10 Each

12. 12x24x2 MERV 10 Pleated Air Filters

10 Each

13. 12x24x4 MERV 15 Pleated Air Filters with plastic header

15 Each

14. 24x24x4 MERV 15 Pleated air filter with plastic Header

15 Each

15. 16x24x4 MERV 15 Pleated air filter

15 Each

16. 20x25x4 MERV 15 Pleated air filter

15 Each

OPTION YEAR ONE (1): One (1) Year from end of Base Year

Item No

Descript of Service Estimated Qty Per Month

Unit Unit Price Total Amount

1. K Medical Oxygen, non flammable gas

35 Tanks

2. DEY Medical Oxygen, non flammable gas

2 Tanks

3. E Medical Oxygen, non flammable gas

65 Tanks

4. D Medical Oxygen, non flammable gas

25 Tanks

5. Dura 5500 Liquid Medical Oxygen, non flammable gas

10 Tanks

6. Medical Lab 5 Liquid Nitrogen, non flammable gas

2 Tanks

7. DEY Acetylene, flammable gas 1 Tank

8. K Argon CO2 Mix, flammable gas 1 Tank

9. 20x25x2 MERV 10 Pleated Air Filters

10 Each

10 20x24x2 MERV 10 Pleated Air Filters

10 Each

11. 24x24x2 MERV 10 Pleated Air Filters

10 Each

12. 12x24x2 MERV 10 Pleated Air Filters

10 Each

13. 12x24x4 MERV 15 Pleated Air Filters with plastic header

15 Each

14. 24x24x4 MERV 15 Pleated air filter with plastic Header

15 Each

15. 16x24x4 MERV 15 Pleated air filter

15 Each

16. 20x25x4 MERV 15 Pleated air filter

15 Each

OPTION YEAR TWO (2): One (1) Year from end of Option Year One (1)

Item No

Descript of Service Estimated Qty Per Month

Unit Unit Price Total Amount

1. K Medical Oxygen, non flammable gas

35 Tanks

2. DEY Medical Oxygen, non flammable gas

2 Tanks

3. E Medical Oxygen, non flammable gas

65 Tanks

4. D Medical Oxygen, non flammable gas

25 Tanks

5. Dura 5500 Liquid Medical Oxygen, non flammable gas

10 Tanks

6. Medical Lab 5 Liquid Nitrogen, non flammable gas

2 Tanks

7. DEY Acetylene, flammable gas 1 Tank

8. K Argon CO2 Mix, flammable gas 1 Tank

9. 20x25x2 MERV 10 Pleated Air Filters

10 Each

10 20x24x2 MERV 10 Pleated Air Filters

10 Each

11. 24x24x2 MERV 10 Pleated Air 10 Each

Filters

12. 12x24x2 MERV 10 Pleated Air

Filters 10 Each

13. 12x24x4 MERV 15 Pleated Air Filters with plastic header

15 Each

14. 24x24x4 MERV 15 Pleated air filter with plastic Header

15 Each

15. 16x24x4 MERV 15 Pleated air filter

15 Each

16. 20x25x4 MERV 15 Pleated air filter

15 Each

OPTION YEAR THREE (3): One (1) Year from end of Option Year Two (2)

Item No

Descript of Service Estimated Qty Per Month

Unit Unit Price Total Amount

1. K Medical Oxygen, non flammable gas

35 Tanks

2. DEY Medical Oxygen, non flammable gas

2 Tanks

3. E Medical Oxygen, non flammable gas

65 Tanks

4. D Medical Oxygen, non flammable gas

25 Tanks

5. Dura 5500 Liquid Medical Oxygen, non flammable gas

10 Tanks

6. Medical Lab 5 Liquid Nitrogen, non flammable gas

2 Tanks

7. DEY Acetylene, flammable gas 1 Tank

8. K Argon CO2 Mix, flammable gas 1 Tank

9. 20x25x2 MERV 10 Pleated Air Filters

10 Each

10 20x24x2 MERV 10 Pleated Air Filters

10 Each

11. 24x24x2 MERV 10 Pleated Air Filters

10 Each

12. 12x24x2 MERV 10 Pleated Air Filters

10 Each

13. 12x24x4 MERV 15 Pleated Air Filters with plastic header

15 Each

14. 24x24x4 MERV 15 Pleated air filter with plastic Header

15 Each

15. 16x24x4 MERV 15 Pleated air filter

15 Each

16. 20x25x4 MERV 15 Pleated air filter

15 Each

OPTION YEAR FOUR (4): One (1) Year from end of Option Year Three (3)

Item No

Descript of Service Estimated Qty Per

Unit Unit Price Total Amount

Month

1. K Medical Oxygen, non flammable gas

35 Tanks

2. DEY Medical Oxygen, non flammable gas

2 Tanks

3. E Medical Oxygen, non flammable gas

65 Tanks

4. D Medical Oxygen, non flammable gas

25 Tanks

5. Dura 5500 Liquid Medical Oxygen, non flammable gas

10 Tanks

6. Medical Lab 5 Liquid Nitrogen, non flammable gas

2 Tanks

7. DEY Acetylene, flammable gas 1 Tank

8. K Argon CO2 Mix, flammable gas 1 Tank

9. 20x25x2 MERV 10 Pleated Air Filters

10 Each

10 20x24x2 MERV 10 Pleated Air Filters

10 Each

11. 24x24x2 MERV 10 Pleated Air Filters

10 Each

12. 12x24x2 MERV 10 Pleated Air Filters

10 Each

13. 12x24x4 MERV 15 Pleated Air Filters with plastic header

15 Each

14. 24x24x4 MERV 15 Pleated air filter with plastic Header

15 Each

15. 16x24x4 MERV 15 Pleated air filter

15 Each

16. 20x25x4 MERV 15 Pleated air filter

15 Each

1. AGGREGRATED TOTALS

TOTALS

1. Base Year - TBD

2. Option Year One - TBD

3. Option Year Two - TBD

4. Option Year Three - TBD

5. Option Year Four - TBD

AGGREGRATED TOTAL FOR ALL FIVE

YEARS:

CHEYENNE RIVER HEALTH

CENTER

Oxygen and Air Filters for Cheyenne River Health Center

Cheyenne River Health Center 24276 166th Street

EAGLE BUTTE, SOUTH DAKOTA

57625

(605) 964-7724

Prepared by:

Erik Twite, Facility Manager

Cheyenne River Health Center

(605) 964-0592

PERFORMANCE WORK STATEMENT

FOR MEDICAL GAS AND AIR FILTERS FOR THE CHEYENNE RIVER HEALTH

CENTER

A. PURPOSE OF CONTRACT:

Purpose of this contract is to a variety of medical and non-medical bottled gas tanks, a variety of reserve bottles, and air filters, in accordance with the applicable NFPA standards for healthcare. The contractor shall provide bottled gases and air filters for the Cheyenne River Health Center monthly for the period of performance for this contract.

B. SPECIFICATIONS OF SERVICES:

The Cheyenne River Health Center has medical gases piped to patient care areas throughout the facility; oxygen is one of those gases. The oxygen is supplied to the facility from a variety of contractor provided medical and non-medical bottled gas tanks and a variety of reserve bottles.

The Cheyenne River Health Center also uses a variety of air filters for the air handlers that serve the entire facility, which includes all patient care areas. The quantity and size of bottles varies but all are used to support patient care. The quantity and size of air filters varies but all are used to support patient care.

Purpose

The contractor shall provide the hospital with variety of medical and non-medical bottled gas tanks, a variety of reserve bottles, and air filters in accordance with the applicable NFPA standards for healthcare. The contractor shall provide bottled gases and air filters for the hospital on an as needed basis for the period of performance of this contract, which is 365 days, with 4 option years potentially to follow.

Period of Performance is for:

Base year Date of Award through One year Option year 1 TBD Option year 2 TBD Option year 3 TBD Option year 4 TBD

Scope of Work

Contractor shall be licensed, have appropriate insurance, pay applicable taxes, and follow the applicable NFPA standards for healthcare to provide the hospital with the following portable containers:

• 180L 350psi Liquid Medical Oxygen Dewar

• Medical Oxygen sizes R, E, D, K, and DEY

• Medical Liquid Nitrogen

• Acetylene sizes R, E, D, K, and DEY

• Argon CO2 mix sizes E, D, K, and DEY

Gases Per Month:

• (35) K Medical Oxygen, non-flammable gas cylinders

• (2) DEY Medical Oxygen, non-flammable gas cylinders

• (65) E Medical Oxygen, non-flammable gas cylinders

• (25) D Medical Oxygen, non-flammable gas cylinders

• (10) 180L 350psi Liquid Medical Oxygen Dewars

• (2) 5 Liter Liquid Nitrogen Dewars

• (2) R Oxygen, non-flammable gas cylinders

• DEY Acetylene, flammable gas cylinder

• (2) R Acetylene, flammable gas cylinder

• K Argon CO2 mix, flammable gas cylinder

Contractor shall provide the hospital with the following air filters:

• 20 x 25 x 2 MERV 10 pleated air filter

• 20 x 24 x 2 MERV 10 pleated air filter

• 24 x 24 x 2 MERV 10 pleated air filter

• 12 x 24 x 2 MERV 10 pleated air filter

• 12 x 24 x 4 MERV 15 pleated air filter with plastic header

• 24 x 24 x 4 MERV 15 pleated air filter with plastic header

• 16 x 25 x 4 MERV 15 pleated air filter

• 20 x 25 x 4 MERV 15 pleated air filter

Eight 180L 350psi liquid medical oxygen dewars are the primary oxygen source for the facility and 12 K medical oxygen cylinders are the reserve for the facility.

Contractor shall respond to calls for emergency assistance with repairs or supply within twenty-four (24) hours.

Contractor will be responsible for providing purity of testing results as required by appropriate code.

The contractor shall replenish the cylinders to ensure confirmation of inventory as shown above for each gas.

Collection and Deliveries:

Collections and deliveries of medical and non-medical bottled gas tanks and reserve bottles are required once a month and shall be on the first Monday unless previously arranged by the facility manager or designee and the facility manager or designee will be responsible for signing the pick ticket upon verifying exchange of replacement tanks.

Deliveries of air filters shall be on the first Monday unless previously arranged by the facility manager or designee and the facility manager or designee will be responsible for signing the pick ticket.

Guidance

The government shall furnish as-built drawings showing the oxygen connection to the facility and location of the bulk oxygen system upon request.

Government Furnished Equipment

The government shall provide a storage room or storage area for both the full and the empty cylinders and air filters.

Contractor Submittal Requirements

Submittals have no format requirement but shall contain the following:

• Monthly and annual cost of all medical and non-medical bottled gas tanks rental.

• Total cost for the gases associated with the above quantities.

• Total cost for tank rental charges associated with the above quantities.

• Total cost for the contract period.

• Material Safety Data Sheet for the oxygen, liquid nitrogen, acetylene, and argon.

• Minimum of two (2) verifiable references of past performance.

Workmanship

The contactor is responsible for supplying all gases and ensuring they are handled in accordance with the applicable NFPA codes for healthcare occupancies. The gases shall be transported and handled in accordance with applicable Federal, State, and local laws.

The contractor shall ensure that bottles are securely restrained in the storage area. The contractor shall not deliver more bottles that the storage area can accommodate.

Quality Control

The workmanship will be monitored by the Facility Manager or designee to ensure compliance with NFPA standards for healthcare services. The contractor shall provide a monthly report of cylinders exchanged and number of cylinders at the facility. The facility manager shall monitor the quantity and type of bottled gases delivered, storage of bottled gases, the return of empty bottles to the contractor, and issuing of bottled gases to end users of these gases. Any problems noted shall be brought to the attention of the Facility Manager and the Contracting Officer.

Clean Up

Contractor is responsible for removal of all trash and debris in area where tanks, air filters, and associated equipment are located.

Termination for Default

In the event the contractor should default in their performance of any or all of this contract, or in the event the contractor does not promptly correct unsatisfactory services prior to the next payment to the contractor, and/or terminate their right to proceed with the service.

Payment

Invoices for oxygen and exchange of used bottled gases shall be made monthly to Aberdeen Area Office through IPP with a copy to Erik Twite, Facility Manager or his designee.

Hours of Operation/Period of Performance

The hours of operation will be 6:00 AM to 9:00 PM, Monday through Friday.

Any work conducted outside of the scheduled operation time must be approved by the Facility Manager with ample notification. The period of performance allotted for this project shall be base year plus four option years from the notice to proceed or until funds run out, whichever comes first.

C. GOVERNMENT FURNISHED EQUIPMENT, FACILITIES AND PROPERTY:

Government will provide 2 storage rooms labeled empty and full medical gas for delivery person to deliver to.

D. CONTRACTOR FURNISHED EQUIPMENT, FACILITIES, AND PROPERTY:

Contractors Facilities -Sanitary Inspection:

Award of items listed in the solicitation shall be made only to a bidder whose facilities at which such items are to be processed have been inspected or otherwise meet the requirements of the Indian Health Service Office of Environmental Health.

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.

Refusal to correct unsanitary conditions shall constitute sufficient cause of the Government to terminate this contract immediately in accordance with clause entitled (default) and without waiting ten (10) days for the correcting of the condition.

E. WORK SCHEDULE/PAYMENT SCHEDULE:

Collection and Deliveries are required at 1 time a month for the bulk tank and 2 times a month for the bottled tanks. They shall be on every other Wednesday unless previously approved by the Contracting Officer Representative (COR).

F. QUALITY ASSURANCE:

SURVEILLANCE ACTIVITIES AND CONTRACTOR INCENTIVES

Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. Performance-based incentives are consistent with the intent and purpose of the contract and are outlined on the following grid.

G. REPORTING REQUIREMENTS:

N/A

H. PROFESSIONAL QUALIFICATIONS CRITERIA:

I. CHARACTER INVESTIGATION FOR CONTRACTORS WHO WILL HAVE

CONTACT WITH INDIAN CHILDREN:

J. REQUIRED MALPRACTICE INSURANCE:

K. COMPLIANCE WITH IHS RULES AND REGULATIONS:

PERFORMANCE

OBJECTIVES

PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY

LEVEL (AQL)

SURVEILLANCE

PLAN

CONTRACTOR

INCENTIVE

TASK 1

To do monthly inspections of the storage rooms to assure they have secured all tanks delivered to the facility

Assure has adequate tanks for the facility to utilize and that they are secured.

Contractor must demonstrate that their facility meets all the standards on security of all tanks

The project officer and staff will do the minimum of at least 1 inspection monthly.

IHS will then as an acceptable performance approve the use of the option year.

L. ANY SPECIAL REQUIREMENTS:

M. CONTRACTING OFFICER REPRESENTATIVE (COR): (NAME, TITLE,

PHONE NUMBER)

Erik Twite Facility Manager

(605) 964-0592

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. 52.203-6- Alt I Restrictions on Subcontractor Sales to the November 2021

Government

4. 52.203-11 Certification and Disclosure Regarding September 2024 Payments to Influence Certain Federal

Transactions

5. 52.203-12 Limitation on Payment to Influence Certain June 2020 Federal Transactions

6. 52.203-17 Contractor Employee Whistleblower Rights November 2023

7. 52.203-19 Prohibition on Requiring Certain Internal January 2017 Confidentiality Agreements or Statements

8. 52.204-7 System for Award Management - Registration DEVIATION November 2025

9. 52.204-13 System for Award Management - Maintenance DEVIATION November 2025

10. 52.204-9 Personal Identity Verification of Contractor January 2011 Personnel

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

12. 52.204-91 Contractor Identification DEVIATION November 2025

13. 52.209-2 Prohibition on Contracting with Inverted DEVIATION November 2025 Domestic Corporations – Representation

14. 52.209-6 Protecting the Government’s Interest When DEVIATION November 2025 Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

15. 52.209-10 Prohibition on Contracting with Inverted DEVIATION November 2025 Domestic Corporations

16. 52.211-17 Delivery of Excess Quantities September 1989

17. 52.212-1 Instructions to Offerors – Commercial Products DEVIATION November 2025 and Commercial Services

18. 52.212-4 Contract Terms and Conditions DEVIATION November 2025

- Commercial Products and Commercial Services

19. 52.217-5 Evaluation of Options DEVIATION November 2025

20. 52.219-1 Small Business Program Representations DEVIATION November 2025

21. 52.219-6 Notice of Total Small Business Set-Aside DEVIATION November 2025

22. 52.219-14 Limitations on Subcontracting DEVIATION November 2025

23. 52.219-28 Postaward Small Business Program DEVIATION November 2025 Rerepresentation

24. 52.219-33 Nonmanufacturer Rule DEVIATION November 2025

25. 52.222-3 Convict Labor DEVIATION November 2025

26. 52.222-19 Child Labor – Cooperation with Authorities DEVIATION November 2025 And Remedies

27. 52.222-35 Equal Opportunity for Veterans DEVIATION November 2025

28. 52.222-36 Equal Opportunity for Workers with Disabilities DEVIATION November 2025

29. 52.222-37 Employment Reports on Veterans DEVIATION November 2025

30. 52.222-50 Combating Trafficking in Persons DEVIATION November 2025

31. 52.224-1 Privacy Act Notification April 1984

32. 52.224-2 Privacy Act April 1984

33. 52.226-8 Encouraging Contractor Policies to Ban Text May 2024 Messaging While Driving

34. 52.232-33 Payment by Electronic Funds Transfer-System October 2018 For Award Management

35. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

36. 52.232-40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

37. 52.233-2 Service of Protest DEVIATION November 2025

38. 52.233-3 Protest After Award DEVIATION November2025

39. 52.233-4 Applicable Law for Breach of Contract Claim DEVIATION November 2025

40. 52.237-1 Site Visit April 1984

41. 52.237-2 Protection of Government Buildings, April 1984 Equipment, and Vegetation

42. 52.240-90 Security Prohibitions and Exclusions DEVIATION November 2025 Representations and Certifications

43. 52.240-91 Security Prohibitions and Exclusions DEVIATION November 2025

44. 52.242-13 Bankruptcy July 1995

45. 52.242-15 Stop-Work Order August 1989

46. 52.244-6 Subcontracts for Commercial Products and DEVIATION November 2025 Commercial Services

47. 52.253-1 Computer Generated Forms DEVIATION November 2025

CLAUSES INCORPORATED IN FULL TEXT

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

No. FAR Citation Clause Title Clause Date ____

1. 52.217-8 Option to Extend the Services November 1999

2. 52.217-9 Option to Extend the Term of the Contract March 2000

3. 52.232-18 Availability of Funds April 1984

4. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

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

6. 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)

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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 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 _6/30/2030__ .

(End of clause) 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 the Awarded Base Year_. 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 _the Awarded Base Year_, 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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/content/32706-1-clauses-contracting-advance-funds#i1081697 https://www.acquisition.gov/content/part-32-contract-financing#i1081697 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

(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

(End of clause)

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

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.224-70 Privacy Act December 2015

2. HHSAR 352.226-1 Indian Preference December 2015

3. HHSAR 352.226-2 Indian Preference Program December 2015

4. HHSAR 352.232-71 Electronic Submission of Payment Requests February 2022

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

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

7. HHSAR 352.237-74 Non-Discrimination in Service Delivery December 2015

352.224-70 Privacy Act.

As prescribed in HHSAR 324.105(a), the Contracting Officer shall insert the following clause:

Privacy Act (DEC 2015) This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

352.226-1 Indian Preference.

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

Indian Preference (DEC 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, https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 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.

352.226-2 Indian Preference Program.

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

Indian Preference Program (DEC 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 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 Public Law 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.

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