RFQ CRHC24-043.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) & FAR 37.4, Non-Personal Health Care Services Contract (10 U.S.C. 2304 and 41 U.S.C 253). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. The Indian Health Service/Cheyenne River Health Center intends to award a Firm Fixed-Price, Non- Personal Service Contract to provide Carpet Steaming Services, for the Environmental Services Department at the Cheyenne River Health Center located in Eagle Butte, South Dakota. All orders may be submitted via email to Jordyn.Brown@ihs.gov

C. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 dated 05/22/2024

D. This is an “100% Small Business Set-Aside” and the associated NAICS code is 561740 – Carpet and Upholstery Cleaning Services, with a Small business Size Standard of $8.5, Product Services Code, S214 – Housekeeping – Carpet Laying/Cleaning.

E. The unit price must be all inclusive (to include but not 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 reasonable rates.

Carpet Steaming Services, Per Statement of work

F. Description of Services: Include, Carpet Steaming services, required by the attached Statement of work for the Cheyenne River Health Center, Eagle Butte, South Dakota. 1 year ARO.

G. The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (Sept 2023), applies to this acquisition. Quotes shall be submitted on company letterhead stationery, signed and dated; it shall include, at a minimum;

a. Solicitation number CRHC24-043

b. Closing Date: August 1, 2024 at 1:00pm MST

c. Name, address, telephone number of the offeror and email address of the contact person

d. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements in the solicitation.

e. Terms of any express warranty

f. Price and any discount terms

g. “Remit to” address, if different than mailing address

h. A completed copy of the representations and certifications at FAR 52.212-3

i. Acknowledgement of Solicitation Amendments, if issued

j. 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, point of contact with telephone numbers and other relevant information); and

k. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representation or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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

The clause 52.212-2. Evaluation – Commercial Services and Commercial Products (Nov 2021) applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror on which offer conforming to the solicitation will be most advantageous http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1579_222340 to the Government, price and other factors considered. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The following factors shall be used to evaluate offeror’s:

The Government will conduct a best value evaluation to determine offeror(s) for award. In doing so the Government may award to other than the highest technically rated proposal.

H. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Feb 2024), with its offer. The offeror shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov

I. The clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023), applies to this acquisition. See attachment for Full Text.

J. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders (May 2024) – See attachment for Full Text.

K. Attached are the Federal Acquisition Regulations (FAR) & Health and Human Services Acquisition Regulation (HHSAR) clauses that are applicable.

L. Submit proposal to:

Cheyenne River Health Center Attn: Jordyn Brown 24276 166th Street, Airport Road PO Box 1012 Eagle Butte, SD 57625 Email:Jordyn.Brown@ihs.gov

Questions in reference to this solicitation shall be submitted to the email address listed above. The last day to submit questions is July 15, 2024 at 1:00pm MST. No questions will be answered after this date/time. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective vendors through a solicitation amendment.

Invoice Processing Platform (IPP) The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system 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 resulting from this solicitation 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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1657_236576 http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1974_281919 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2174_322700 mailto:Jordyn.Brown@ihs.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) THIS RFQ IS SMALL BUSINESS SET-ASIDE

PAGE OF PAGES

1. REQUEST NO.

CRHC24-043

2. DATE ISSUED

07/01/2024

3. REQUISITION/PURCHASE REQUEST NO.

IHS1492475

4. CERT.FOR NAT. DEF.

UNDER BDSA REG.2

AND/OR DMS REG. 1

RATING

5A. ISSUED BY

Eagle Butte Indian Health Service, Cheyenne River Service Unit 24276 166th St, PO Box 1012, Eagle Butte, SD 57625

6. DELIVER BY (Date)

See schedule 5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY OTHER

FOB DESTINATION (See Schedule)

NAME

Jordyn Brown jordyn.brown@ihs.gov

TELEPHONE NUMBER 9. DESTINATION

AREA CODE

NUMBER

964-1566

a. NAME OF CONSIGNEE

Cheyenne River Service Unit

8. TO: b. STREET ADDRESS

24276 166th St , PO Box 1012

a. NAME b. COMPANY c. CITY

Eagle Butte

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE

SD

e. ZIP CODE 57625

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK

5a ON OR BY 1:00 PM MST ON (Date) August 1, 2024

IMPORTANT: This is a request for information, and quotations furnished are not offiers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1.

100% Small Business set-aside. Firm Fixed Price, Purchase Order for Carpet Steaming Services at the Cheyenne River Health Center, Eagle Butte, SD, Price is all inclusive (i.e. taxes, shipping, etc..) 1 year ARO

Total $_____________

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS

b. 20

CALENDAR

DAYS%

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 15. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATIONa. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY 16. SIGNER

a. NAME (Type of print) b. TELEPHONE

AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION FormFlow/Delrina Inc. STANDARD FORM 18 (REV 6-95) Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53-215-1(a)

Carpet Steaming Services (see attached Performance Work Statement) mailto:kolbi.haskell@ihs.gov

ITEM

NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

To be Acceptable:

-Fill out, sign & return Request for Quote -Certify will meet the 1 year ARO delivery.

Award basis: Lowest Price Technical Acceptable

UEI Number

You will need a UEI NUMBER to be awarded the purchase order and registered with the System for Award Management; you can register at www.sam.gov

The quoter is hereby notified that they must be registered in the System for Award Management (SAM) before the Government will issue an award. You may do this by going to www.sam .gov to register and you are required to update this registration every year prior to the expiration date.

No contract award shall be made to a vendor listed on the OIG Exclusion List (http://exlusions.oig.hhs.gov) throughout the duration of the contract.

Federal Tax ID Number (TIN number)

Email Address:

Net Terms:

http://exlusions.oig.hhs.gov/

Performance Work Statement (PWS) Carpet Steaming Services

Cheyenne River Health Center

1.0 General:

This performance-based work statement describes the requirements for non-personal services, for carpet steaming/cleaning services, for the Indian Health Service (IHS)/Cheyenne River Health Center (CRHC), Environmental Services (EVS) Department. These services are required to maintain accreditation with Joint Commission.

2.0 Background:

The CRHC provides medical care for approximately 9,000 tribal members living on the Cheyenne River Sioux Tribe Reservation. Serving a rural area, the CRHC was built in 2011 to provide an expanded level of health care services specifically designed to meet the needs of the CRHC population. The CRHC is a high traffic area, with 100’s of patient and employees walking throughout the building on a daily basis. The EVS department plays a vital role in infection control and requires support to assist in the provision of high quality and cost effective, carpet steaming services.

3.0 Purpose:

The purpose of this contract is to provide an all inclusive service for the steam cleaning of all carpet areas within the Cheyenne River Health Center(CRHC). This is a comprehensive service which will include not only steam cleaning but the moving and replacing of office items (i.e. furniture, equipment, etc..) and applying protective coating.

4.0 Period of Performance:

1 Year ARO

5.0 Location of Service:

Cheyenne River Health Center 24276 166th Street Eagle Butte, South Dakota 579625

6.0 Work Schedule:

6.1 Services shall be performed on-site, after hours and weekends, as to not interrupt patient care. The area to be cleaned shall be cleaned twice a year, as per an agreed schedule established at the post award conference. Changes to this schedule can be accepted, if mutually agreed to, in writing, by the Contractor and Technical Point of Contact (TPOC), at no additional cost to the government.

6.2 A post award conference will be scheduled after award between the Contractor and the Government. The post award conference will help achieve a clear and mutual understanding of all contract requirements and identify and resolve potential problems. Some of the topics as the post award conference will include, but not limited to the following:

Identify Contractor personnel working on the project.

Identify Government personnel working on the project.

Walk through of Areas to be cleaned.

Establishing performance dates onsite.

Any notable “tough” stains will be visualized and noted.

Contractor requirements to complete services (i.e. determine how many men will be needed, how much equipment anticipate bringing in, how much space will need to be allowed for equipment, dry times, etc...).

Government requirements to prepare areas for cleaning (i.e. PHI information removed, government employees who will supervise, etc...).

Complete a schedule of dates and times, for services to be performed.

Establish any milestones.

Inspection/acceptance requirements.

Invoicing requirements.

7.0 Description of Service/SOW:

7.1 Contractor shall attend Post Award conference, that will be scheduled 10 days after award date.

7.2Contractor shall steam clean 129,973 sq feet of carpeted area at the Cheyenne River Health Center, as identified in the Map attached to the PWS as an Appendix A. The carpet areas will include, but not limited to: Patient Care Departments, Office Areas, Corridors and Hallways. The area will be cleaned twice a year.

7.3Services will be performed twice a year, once in the spring(Apr-Jun) and once in the fall(Sep-Nov).

7.4If additional sq footage of carpet is needed for cleaning, the Contractor shall not perform beyond the 129,973 sq feet designated, without the Contracting Officer’s approval.

7.5 Contractor shall move all furniture in the designated carpeted areas, to identified free areas for storing, while designated areas are being cleaned. Weights of furniture may vary from 35 lbs to 200lbs.

List of furniture to be moved, includes all, but not limited to:

o Large office desk o Desk with hutch o File cabinets o Tables of varying sizes o Conference tables o Book shelves o Storage cabinets o Printers o Computer Monitors o Chairs o Plastic floor mats / antifatigue mats

7.6 After cleaning, applying protective coating and drying, Contractor shall replace furniture to the originally areas.

7.7 Contractor shall apply protective coating after steam cleaning carpet areas. The contractor shall provide a complete description of the protective coating they plan to utilize and will be approved by the Technical Point of Contact before use.

7.8 The Contractor shall provide their own equipment, manpower, and supplies to complete this PWS.

7.9 These services shall follow Occupational Safety and Health Administration (OSHA), Joint Commission (TJC), Center of Medicare & Medicare Services (CMS), CRHC regulations/policies, Local, Tribal, State and Federal regulations/laws.

7.10 The Contractor shall be directly responsible for all work performance specified in the contract.

7.11 The Contractor shall always provide adequate supervision for the work which their employees are performing to ensure its complete and satisfactory performance in accordance with the terms of the contract.

7.12 The Contractor shall ensure completed background checks on their employees prior to entry and performance at the CRHC.

8.0 Contractor Qualifications

8.1 The Contractor shall have at least 3 years experience in cleaning large and high traffic areas (i.e. commercial buildings, hospitals, clinics, health care buildings, large area, etc..)

8.2 The Contractor shall provide 3 letters of reference, related to the services provided in the statement of work and should describe the sq footage cleaned. Listing name, phone number, address and email of the person submitting the reference.

8.3 The Contractor shall not be listed on the OIG exclusion list.

8.4 The Contractor shall be registered in SAM.gov

9.0 Technical Point of Contract (TPOC)

Phillip Dupris Sr., Custodial Supervisor Cheyenne River Health Center

Eagle Butte, SD 605-964-0624

Phillip.dupris@ihs.gov

9.1 The TPOC shall make sure contractor’s staff are supervised by a CRHC employee while services are being performed

9.2 Be the contractor's primary on-site representative having the Contractor's full authority to act on matters pertaining to the performance of services required under this contract.

mailto:Phillip.dupris@ihs.gov

9.3 Ensure the AU required reports, as specified herein, are submitted to the Government on time.

9.4 Notify the COR of any major work scheduled to be performed during the performance of the contract, or any non-performance issues.

9.5 Report damage to Government property, loss of keys, personal injuries, and/or hazardous conditions to the proper government employees within twelve (12) working hours after such occurrence.

10.0 Contractors Responsibilities:

10.1 The Contractor shall establish a quality control plan to incorporate an inspection system covering all the services to be performed under the contract. It must specify areas to be inspected on either a schedule or unscheduled basis and the title of the individual(s) who will do the inspections, address a method for identifying deficiencies in the quality of services performed, before the level of performance becomes unacceptable and corrective action plan on deficiencies. The quality control plan will be made available upon request by the TPOC.

10.2 The Contractor may be required to wear masks in the performance of this contract.

10.3 The Contractor shall be responsible for arranging travel and all associated travel costs related to the performance of this contract.

10.4 The Contractor shall be responsible for arranging per diem, labor, fringe, benefits and plus any other cost pertinent to the performance of this contract.

10.5 The Contractor shall be responsible for all protective clothing and equipment need to protect themselves and their employees form biological, chemical and radioactive hazards.

10.6 The Contractor shall be responsible for all lodging. A list of possible housing option s in the area:

Government Housing: Lodging is available in government housing at prevailing rates, if available, and must be paid by the contractor.

Cheyenne River Motel – Eagle Butte SD 605-964-8888 Keya Suites – Eagle Butte SD 605-848-4218, can rent on Airbnb.com Tutanka Sun Home – Eagle Butte SD 605-200-0293, Bonnie LeBeau Limit lodge & cabins – Timber Lake SD 605-865-3526, (41.7 miles from eagle butte) Bunkhouse Inn – Isabel SD 605-850-8378, (46.3 miles to eagle butte) Prairie Vista Inn – Faith SD 605-967-2343, (42.7 miles from eagle butte) Bobs Resort – Gettysburg SD 605-765-2500, (54 miles from eagle butte) Sage Motel – Gettysburg SD 605-765-2471, (71.5 Miles from Eagle butte) Gettysburg Inn & Suites – Gettysburg SD 605-765-2373, (71.5 miles from eagle butte) KJ’s Inn and Suites - Gettysburg SD 605-765-2471, (71.5 miles from eagle butte)

11.0 Emergency Health Care

CRHC will provide emergency healthcare of the Contractor and/or Contract personnel, for injuries incurred while working on site, during performance of this contract. These services will be billed to the Contractor at the current full reimbursement rate.

12.0 Lost and Found Property

The Contractor shall ensure that all items of possible personal or monetary value, found by the Contractor and/or it’s employees, while performing under this contract, be turned over to the TPOC. Items will be tagged to identify the location at which they were found.

13.0 Contractor Furnished Items

13.1 The Contractor shall furnish all manpower, equipment, supplies, chemicals, travel, transportation, fuel, insurance (i.e. liability, damaged property, theft, etc..) and other items not mentioned in this paragraph, required for the complete performance of this contractor.

13.2 A list of equipment and supplies shall be submitted to the TPOC for approval before bringing into the facility. No hazardous materials may be brought into the facility without the written consent of the TPO C.

13.3 The Contractor shall be responsible to maintain the equipment in an operable and safe condition and abide by all state and federal laws when operating said equipment.

14.0 Government Furnished Property:

There is no government furnished property for this contract.

15.0 Business Agreement

To the upmost caution area will be cleared of Protected Health Information (PHI). Incase some areas accessed by the Contractor contain PHI, the contract must keep all records of confidential in accordance to PHI and Privacy laws/regulations, and they must report the incident to the TPOC as soon as possible. Pursuant to 45 C.F.R. 164.502(e), the Indian Health Service, as a covered entity, is required to enter into an agreement with a “business associate”, as defined in 45 C.F.R. 160.103, under which the business associate must agree to appropriately safeguard Protected Health Information (PHI) that is will use and disclose when performing function, activities or services pursuant to its contract with IHS. Therefore, a business associate agreement may be attached to this contract and executed upon award of this contract.

16.0 Inspection/Acceptance:

16.1 Services performed under this contract shall be subject to inspection and approval by the TPOC.

16.2 After services are performed, in each area, the Contractor shall notify the TPOC they are ready for inspection. The TPOC will inspect the services, and accept or decline. If the TPOC declines the service, they will notify the Contractor the reasons why and the contractor will implement a corrective action.

16.3 The TPOC will inspect, but not limited to, the following:

Overall appearance of carpet pre/post cleaning Cleanliness of carpet Remaining stains Dryness of carpet

Replacement of office furniture Potential damages to walls, furniture, flooring No foul odors

Please note, the government will take into account stains that are no fault of the Contractor and are not removable.

17.0 Performance Requirements

The Performance Requirements will be measured against Government Performance Standards and monitored in accordance with the following Methods of Government Surveillance or what is known as a Quality Assurance Surveillance Plan (QASP) to determine compliance.

Performance Standards Performance

Task/Requirement Indicator Standard/(AQL)

Acceptable Quality Level

Surveillance

(QA)

Quality Assurance

Incentive

Steam Clean Carpet Areas

Carpet areas are fee of dust, dirt, soil, odor, stains.

100% Visual inspection by

TPOC

Excellent performance evaluation

Work completed per schedule

Contractor Quality Control Plan

100% Visual inspection by

TPOC

Excellent performance evaluation

18.0 Invoice Submission

Invoice shall be submitted after services are received and accepted, through the Invoice Processing Platform (IPP) at IPP.gov.

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system

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 resulting from this solicitation 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

19.0 Project Officer (COR)

19.1 The Contracting Officer Representative (COR) designated for the contract is:

Stephanie Red Elk Cheyenne River Health Center 24276 166th St Eagle Butte, SD 57625 605-964-0507 Stephanie.RedElk@IHS.gov

19.2 The COR representing the Government for the purpose of this contract shall be designated in writing by the Contracting Officer.

19.3 COR is responsible for:

a. Monitoring the Contractor’s technical progress.

b. Interpreting the statement of work.

c. Performing technical evaluation as required

d. Performing technical inspections and acceptance required by this contract

e. Assisting the Contractor in resolution of technical problems encountered during the performance of this contract.

20.0 Contract Performance Evaluation

During the life of this contract, contractor performance will be evaluated on a quarterly basis and final basis pursuant to FAR requirements. These evaluations shall become a part of the contract file and shall be used as past performances information in evaluation of this Vendor and any other subcontractors, or affiliates, past performance on future contacts.

21.0 Mandatory Background/Security Clearance Requirements

To perform the work specified herein, contractor personal may require access to sensitive data, regular access to HHS controlled facilities, and/or access to HHS information’s systems.

The employees of the Contractor or its subcontractors, are subject to a background investigation and shall comply with Section 231 of the Crime Control Act of 1990, P.L. 101- 647; and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630. In mailto:Stephanie.RedElk@IHS.gov addition, each person shall also comply with the Privacy Act of 1974 and the HIPPA Act of 1996. Failure to comply with these statutes will result in immediate removal.

To gain access to the sensitive areas HHS controlled facilities, and/or HHS information systems, the contractor shall comply with Homeland Security Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigations procedures obtained in:

o HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/ o HHS Office of Security and Drug Testing, Personnel Security Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011.0003.html o HHS HSPD-12 Implementation Policy

The minimum Government investigation for non-critical sensitive positions is a National Agency Check and Inquires (with fingerprinting), which consists of searches of records covering specific areas of a person’s background during the past five years.

More restricted positions, above non-sensitive, require more extensive documentations and investigations.

This security applies to all sub-contractors and/or sub-contractors associated and/or created from the contract. The contractor is responsible for conducting security preclearance investigations in sufficient depth to ensure that each contractor or subcontractor can obtain a favorable clearance.

Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a Fixed Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.

Government will pay for the cost to process the contractors suitability clearances. However, multiple investigations for the same position may, at the Contracting Officers discretion, lead to reduction(s) in the contract price of no more than the cost of the extra investigation(s).

The Contractor shall provide all required background investigation forms, fingerprints and/or other documents required, to the Background Clearance personnel at lest 60days before coming on site, so background clearance can be completed in a timely manner. If all documents are not submitted timely there will not be adequate time for the contract personnel to be cleared. Contractor and their employees are not allowed to work on sight without a complete background clearance.

22.0 References available upon request:

Statues, Acts, Laws, and/or Regulations generally applicable to IHS security and functions, include but are not limited to:

• Crime Control Act 1190 – Public Law 101-647

• Indian Child Protection and Family Violence Prevention Act Public Law 101-630

• Federal Information Security Management Act (FISMA), art of the E-Government

Act of 2002 (Public Law 107-347, Title II)

• OMB Circular A-11, Preparing, Submitted, and Executing the Budget

• Presidential Decision Directive 63 (PDD 63) http://www.hhs.gov/ocio/securityprivacy/ http://www.hhs.gov/ocio/policy/hhs-ocio-2011.0003.html

• NIST Special Publications – 800 series

• Health Insurance Portability and Accountability Act (HIPAA)

• Indian Healthcare Improvement Act (HCIA) – Public Law 94-437

• Privacy Act of 1974

• Section 508 of the Rehabilitation Act of 1973

• Courtesy and Respect in the Workplace Policy

• The Joint Commission (TJC) (The Joint Commission) http://jointcommission.org

• Centers for Medicare and Medicaid Services (CMS) Standards http://www.cms.hhs.gov

• Federal Code of Conduct http://ihs.gov http://jointcommission.org/ http://www.cms.hhs.gov/ http://ihs.gov/

APPENDIX A

(Map)

CLAUSES INCORPORATED BY REFERENCE

(Non-Personal Service Purchase Order(s))

FAR CITATION: 52.252-2: Clauses Incorporate 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/browse/index/far

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

NO. FAR CITATION CLAUSE TITLE CLAUSE DATE

01 52.202-1 Definitions June 2020 02 52.203-3 Gratuities April 1984 03 52.203-12 Limitation on Payments to Influence Certain

Federal Transactions June 2020

04 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights

November 2023

05 52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content Paper

May 2011

06 52.204-7 System for Award Management October 2018 07 52.204-9 Personal Identity Verification of Contractor

Personnel January 2011

08 52.204-13 System for Award Management Maintenance October 2018 09 52.204-16 Commercial and Government Entity Code

Reporting August 2020

10 52.204-17 Ownership of Control of Offeror August 2020 11 52.204-18 Commercial & Government Entity Code

Maintenance August 2020

12 52.204-19 Incorporation by Reference of Representations and Certifications

December 2014

13 52.209-2 Prohibition on Contracting with Inverted Domestic Corporation – Representation

November 2015

14 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

September 2023

15 52.212-4 Contract Terms and Conditions Commercial Services and Commercial Products

November 2023

16 52.225-25 Prohibition on Contracts with Entities June 2020 17 52.229-3 Federal, State, and Local Taxes February 2013 18 52.232-1 Payments April 1984 19 52.232-18 Availability of Funds April 1984 20 52.232-25 Prompt Payment January 2017

21 52.232-39 Unenforceability of Unauthorized Obligations

June 2013

22 52.233-1 Disputes May 2014 23 52.232-40 Providing Accelerated Payments to Small

Business Subcontractors Ma 2023

24 52.233-2 Service of Protest September 2006 25 52.237-1 Site Visit April 1984 26 52.237-2 Protection of Government Buildings, Equipment, & Vegetation April 1984

27 52.237-7 Indemnification & Medical Liability January 1997 28 52.242-13 Bankruptcy July 1995 29 52.242-15 Stop Work Order August 1989 30 52.247-34 F.O.B. Destination November 1991 31 52.249-2 Termination for Convenience of the

Government (Fixed-Price) April 2012

32 52.249-8 Default Fixed Price Supply & Service April 2012 33 52.253-1 Computer Generated Forms January 1991

II. Federal Acquistion Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text

NO. FAR CITATION CLAUSE TITLE CLAUSE DATE

01 52.212-3 Offeror Representation and Certifications

Commercial Products & Commercial Services

February 2024

02 52.212-5 Contract Terms and Conditions Required To Implement Statues or Executive Orders – Commercial Products & Commercial Services

February 2024

03 52.252-1 Solicitation Provisions Incorporated by Reference

February 1998

04 52.252-2 Clauses Incorporated by Reference February 1998

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 (May 2024)

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. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C.

101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and

(ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It is, is not a small business concern; or

(ii) It is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it is, is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program.

The offeror represents that it is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.]

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, as having been certified…