RFQ-08-22-19-LD_-_Radiology_Technicians.docx

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Radiology Technicians Federal contract opportunity
Solicitation number
RFQ-08-22-19LD
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Department of Health and Human Services Indian Health Service

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RFQ-08-22-19-LD

SECTION B – CONTINUATION BLOCK

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This procurement is conducted in accordance with pursuant to the authority of FAR 13, Simplified Acquisition Procedures; FAR Part 12, Acquisition of Commercial Items; and FAR 37.101 - Nonpersonal Services Contract.

The Billings Area Indian Health Service (IHS) intends to award multiple fixed-price Commercial contract in response to Request for Quotation (RFQ) 08-22-19-LD. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99. This solicitation is 100% set-aside for Small Businesses. The associated North American Industry Classification System code is 621512 and the small business size standard is $15.0 million. Quotations should be prepared in accordance with Federal Acquisition Regulation 52.212-1, Instructions to Offerors – Commercial Items (JAN 2017).

B.1 PRICE SCHEDULE – DIAGNOSTIC RADIOLOGY TECHNICIAN(S):

CLIN One: Rate for FULL WEEKENDS is $___________________; A Minimum of 1 Full Weekend to a Maximum of 56 Full Weekends will be scheduled by the IHS;

CLIN Two: Rate for WEEK NIGHT is $___________________; A Minimum of 1 Weeknight to a Maximum of 28 Weeknights will be scheduled by the IHS;

CLIN Three: Rate for HOLIDAY OR ADDITIONAL DAYS is $___________________; A Minimum of 1 Holiday or Extra Day to a Maximum of 28 Holidays or Extra Days will be scheduled by the IHS;

B.2 PERIOD OF PERFORMANCE:

Performance of this contract shall be from October 1, 2019 through September 30, 2020.

B.3 INTRODUCTION:

This position is part-time and the services will be performed at the Fort Belknap Service Unit, PHS Indian Health Center, Harlem, Montana. The contractor(s) will be expected to perform diagnostic x-rays during and after regular hours including day shifts, evenings, nights, weekends, and holidays. Regular hours are from 8:00 a.m. to 7:00 p.m.; Monday through Friday. Callback hours are from 7:00 p.m. to 8:00 a.m., Monday through Thursday and from 7:00 p.m. on Friday, until 8:00 a.m. on Monday. The work schedule will be coordinated with the Radiologic Technologist. The contractor(s) are responsible for a variety of basic and complex radiographic examinations. The contractor(s) will be expected to assist in all emergency/disaster situations when called upon.

B.4 STATEMENT OF WORK (MAJOR DUTIES):

The incumbent performs radiologic examinations per request by medical staff for use in clinical diagnosis, patient screening, monitoring patient therapy and status, and other authorized purposes. The accomplishments of such examinations include but are not limited to the following:

(1) Independently performs a variety a routine diagnostic radiographic examinations in addition to those requiring deviation from standard guidelines for positioning and for setting technical factors due to patient’s condition or other unusual circumstances (unconscious patient, paraplegic patient, seriously injured or otherwise physically and mentally unable to cooperate). Routine exams performed are skull, facial, mastoids, sinuses, spine, pelvis, abdomen, chest, and extremities.

(2) Schedules patients for examinations, taking into consideration the complexity of reservation travel, special requirements of patients, and type of exam requested to allow for efficient use of limited time. Maintains and updates data base records of patients examined, examinations performed, and views taken.

(3) Protects the patient from direct or secondary radiation by using proper exposures, and proper coning to expose only the designated area. Follows radiation protection guidelines by wearing personnel dosimeter badges while working with and around radiation.

(4) Reviews and evaluates the quality of the images taken. Must be able to recognize and correct errors in the quality of the image with very little or no supervision in his or her routine work and to discuss problems with the Physician or Radiologist.

(5) Assures that radiology equipment is properly maintained and repaired, that all related areas are kept in a clean, neat, and orderly condition. Monitors work area to insure that a safe environment is maintained. Makes changes in the physical layout or changes procedures and technique in order to eliminate safety hazards or minimize the risk of injury to personnel.

(6) Cleans, and makes minor repairs and adjustments to x-ray equipment.

KNOWLEDGE REQUIRED BY THE POSITION:

*Thorough knowledge of routine, moderately complex, and a limited number of complex diagnostic radiologic examinations and procedures performed in the x-ray department.

*Thorough knowledge of radiation protection standards, devices and techniques including concepts of accumulated dosage and genetic changes, effects of radiation on living organisms, and the effects of x-ray techniques on patient and operator exposure in order to assure that adequate safeguards are maintained. To recognize when changes of equipment or procedures might result in increased exposure, and to adopt methods to prevent such exposure.

*Knowledge of aspects of basic physics including the concepts of energy, electric power, and types of electrical circuits, the construction, function, and operating limitation of various types of x-ray tubes, and the properties of x-rays in order to understand the operation of x-ray equipment, monitor the equipment for the proper operation, modify standard procedures to accommodate to new equipment or examination, and determine when maintenance or repair of equipment is needed.

*Knowledge of radiographic exposure techniques including how to use formulae for determining technical factors, how to control density, contrast, and distortion, and how to use digital panel/equipment, buckys, collimators, grids, and other accessories to produce radiographs of high diagnostic quality with a minimum of retakes.

*Knowledge of anatomy and physiology, e.g. the location, appearance, and function of various major systems, especially the urinary, digestive, and respiratory systems. Skill in using this knowledge to interpret accurately the examination request and understand the functioning and relationship of the various organs of the system. To select the best procedures to emphasize any aspects of particular interest to the physician, and to identify the organs appearing on the image and the various stages of the examination in order to judge the acceptability of the image for diagnostic use.

*Knowledge and skill in positioning of patients for a wide variety of difficult radiologic examinations.

*Knowledge and skill for dealing with pediatric through geriatric patients. These to include the assessment of the patient for appropriate procedure and equipment specific to age and/or special needs of the patient.

*Knowledge of first aid procedures for such occurrences as seizures and cardiac arrest, including cardio-pulmonary resuscitation, (CPR), in order to assist patients until a medical or nursing team can arrive.

*Must have a current “limited permit holder” issued by the State of Montana, or have an ARRT license.

SUPERVISORY CONTROLS: Works under the direct supervision on the Chief Medical Officer. Assignments are made in form of work schedules and verbal instructions. On the more unusual and complex assignments works closely and confers with radiologists on special techniques. On most assignments, personal services contractor handles all problems and deviations. Work is evaluated on a case-by-case basis for achievement of objectives. When working as a team member on difficult emergency procedures, employee receives direction from the medical officer who indicates which actions should be performed. The personal services contractor is responsible for the technical procedures to accomplish these directions.

GUIDELINES: Guidelines include hospital regulations, departmental policies and procedures, technical references, professional journals, and textbooks. Individual uses initiative, resourcefulness, and judgment in deviation from established precedent as new developments are constantly being published. The contractor(s) must use judgment to deviate from standard procedures and tables to compensate for patient’s injuries, illness, or physical disabilities in accordance with established precedent and methods of calculation. The contractor(s) maintains up-to-date knowledge of new developments in the field and exercises judgment to evaluate their usefulness and recommend adoption by the department.

Standard operating procedures cover the number and sequence of exposures and normal positioning of the patient for each exposure. Basic formulae for calculation of technical factors supplement tables for typical settings for kilovoltage, milliamperage, distance, and time for each exposure. Textbooks, and technical manuals on radiology are available for additional guidance in adapting the general requirements of the procedure to the specific condition of the patient. Must maintain continuing education (CE) credits in accordance with regulatory requirements.

COMPLEXITY: The work involves independent performance of a variety of radiographic examination on patients of all ages and performance of more complex examinations. The examinations require coordination of the positioning of patients and the operation of the x-ray equipment. The personal services contractor occasionally must use basic formulae to set standard operating procedures, or to accommodate patients who are substantially more robust or frail than normal. The employee occasionally devises non-standard positioning and equipment set up to accommodate patients who are suffering from illnesses, deformities, or injuries.

SCOPE AND EFFECT: The purpose of the work is to operate the Radiology Department of the Health Center, and assist in its goal to provide high quality x-ray studies for physicians to use in diagnosis and treatment of the patients. The completed imaging studies affect the accuracy and reliability of physicians’ diagnosis and treatment.

PERSONAL CONTACTS: Personal contacts are with patients, physicians, contract Radiologists, and clinic personnel.

PURPOSE OF CONTACTS: These contacts are for the purpose of making imaging studies. Contacts with patients are to explain the procedures to be accomplished, often to patients who are unfamiliar with x-ray examinations, and to direct patients how to move to achieve correct positioning. Some patients are ill, injured, or nervous, which requires the personal services contractor to provide reassurance and comfort. Other contact with the patients is to provide instructions for exam preparation and for familiarizing the patient for the nature of the exam to be done. Contact with physicians is to resolve problems concerning scheduling of patients and requested procedures. Contact with physicians is to obtain additional clinical information that will assist in performing that procedure that will have the optimal diagnostic outcome; the personal services contractor may also discuss preliminary findings. Contacts with radiologists are to receive instructions and to coordinate work efforts or resolve problems. Contacts with fellow employees are to exchange information and resolve problems with equipment, procedures, and scheduling of patients. Contacts with professional personnel outside the radiology department are to demonstrate and explain practical problems and procedures in taking imaging studies.

PHYSICAL DEMANDS: Work requires long periods of standing and walking. There is some bending, lifting, and carrying of light items such as the digital radiology panel. There is occasional lifting of moderately heavy items such as lifting or positioning of patients. Considerable physical effort involved in positioning patients who are unable to assist or cooperate. Heavy lifting of totally incapacitated patients is done only with the help of other employees, or the patient’s family members.

WORK ENVIRONMENT: The work area is well lighted, heated, and ventilated, to keep the units from overheating. Special safety precautions are used to reduce exposure to radiation. These include using minimum current settings on the x-ray machine and never operating the machine except from behind the protective lead shield or when wearing protective clothing such as lead aprons. Potential exposure is to respiratory and other communicable diseases and to contamination by patients’ body fluids.

COMPUTER SECURITY: Pursuant to the Federal Information Security Management Act of 2002 (FISMA), the contractor will be required to complete a course in Computer Security Awareness Training (CSAT). This training must be completed annually by all employees including contractors, volunteers, students, and summer externs. The Contractor will be required to comply with the Federal Information Processing Standards Publication (FIPS PUB) Number 201, "Personal Identity Verification of Federal Employees and Contractors," and the associated Office of Management and Budget (OMB) implementation guidance for personal identity verification for all affected contractor and subcontractor personnel. VPN access to the Service Unit electronic medical record system will need to be accomplished by the contractor for access / clearance to all pertinent computer systems, including completing the Rules of Behavior Forms, Security training, and if necessary, a Business Partner Interconnection Security Agreement (BPISA).

B.5 CONTRACTING OFFICER AUTHORITY:

Authority to negotiate changes in the terms, conditions or amounts cited in this contract is reserved for the Contracting Officer.

B.6 CONTRACTING OFFICER'S REPRESENTATIVE (COR):

The COR shall be responsible for: (1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance and recommending technical changes; (2) Interpreting the Statement of Work; (3) Technical evaluation as required; (4) Technical inspections and acceptance; and (5) Assisting the Contractor in the resolution of technical problems encountered during performance of this contract.

B.7 INVOICE SUBMISSION AND PAYMENT:

The Contractor shall submit its invoice to:

Bette Jo Snider, X-Ray Technologist, 669 Agency Main Street, Harlem, MT 59526 With a courtesy copy to the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107.

The Contractor agrees to include the following information on each invoice: (1) Contractor’s name and address; (2) Contact name, title, and telephone number; (3) Contract Number; (4) Invoice number and date; (5) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; (6) Remit to Address; (7) Taxpayer Identification Number (Employer Identification Number or Social Security Number).

Payments shall be made in arrears by the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107.

B.8 SPECIAL CONTRACT REQUIREMENTS:

Contractors cannot serve as expert witnesses in any suit against the Federal Government. Many of the IHS patients receiving services may only speak a native language and/or reside on a Native American Reservation, therefore, the Contractor must demonstrate sensitivity to cross-cultural and language differences. The Privacy Act of 1974 mandates that the Contractor maintain complete confidentiality of all administrative, medical and personnel records, and all other pertinent information that comes to his/her attention or knowledge. The Privacy Act carries both civil and criminal penalties for unlawful disclosure of records. Violation of such confidentiality shall be cause for adverse action. All IHS regulations and policies applicable to these Acts shall be enforced.

CONTRACTOR INFORMATION

Contractor Must Complete the Following Tax ID:_______________ CAGE:________________ DUNS:_______________

Point of Contact:

Name:______________ Phone: ___________ Email: _______________________

SECTION C – CONTRACT CLAUSES & PROVISIONS

C.1 CONTRACT CLAUSES:

52.252-2 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 addresses:

https://www.acquisition.gov/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.204-9Personal Identity Verification of Contractor PersonnelJan 2011
52.204-13System for Award Management MaintenanceOct 2016
52.204-18Commercial and Government Entity Code MaintenanceJul 2016
52.204-19Incorporation by Reference of Representations andDec 2014

Certifications 52.209-10 Prohibition on Contracting with Inverted Domestic Nov 2015 Corporations (Applies to contracts over $25,000)

52.211-16Variation in QuantityApr 1984
52.212-4Contract Terms and Conditions-Commercial ItemsJan 2017
52.219-6Notice of Total Small Business Set-AsideNov 2011
52.222-53Exemption from Application of the Service ContractMay 2014
Standards to Contracts for Certain

Services—Requirements

52.223-6Drug-Free WorkplaceMay 2001
52.223-18Encouraging Contractor Policies to Ban TextAug 2011
Messaging While Driving
0. Privacy Act NotificationApr 1984
0. Privacy ActApr 1984
52.227-14Rights in Data—GeneralMay 2014
52.227-17Rights in Data—Special WorksDec 2007
52.228-5Insurance—Work on a Government InstallationJan 1997
52.229-3Federal, State, and Local TaxesFeb 2013
52.232-18Availability of FundsApr 1984
52.232-39Unenforceability of Unauthorized ObligationsJun 2013
0. Protection of Government Buildings, Equipment andApr 1984

Vegetation

0. Continuity of ServicesJan 1991
52.237-7Indemnification and Medical Liability InsuranceJan 1997
52.242-15Stop Work OrderAug 1989
52.242-17Government Delay of WorkApr 1984
52.245-1Government PropertyJan 2017
52.245-9Use and ChargesApr 2012
52.243-1Changes – Fixed Price Alternate I (Apr 1984)Aug 1987

52.216-18 ORDERING:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2018 through September 30, 2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS:

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the minimums identified on the price schedule, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of maximums identified on the price schedule;

(2) Any order for a combination of items in excess of maximums identified on the price schedule; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.217-8 OPTION TO EXTEND SERVICES:

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days before contract expires.

52.212-3, Offeror Representations and Certifications – Commercial Items (See Attached)

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR Chapter 3) Clauses

315.215-70Late Proposals and RevisionsDec 18, 2015
352.222-70Contractor Cooperation in Equal EmploymentDec 18, 2015

Opportunity Investigations

352.223-70Safety and HealthDec 18, 2015
352.224-70Privacy ActDec 18, 2015
352.224-71Confidential InformationDec 18, 2015
352.226-3Native American Graves Protection andDec 18, 2015
Repatriation Act
352.237-70Pro-Children ActDec 18, 2015
352.237-71Crime Control Act – Reporting of Child AbuseDec 18, 2015
352.237-72Crime Control Act – Requirement for BackgroundDec 18, 2015

Checks

352.237-73Indian Child Protection and Family Violence ActDec 18, 2015
352.237-74Non-Discrimination in Service DeliveryDec 18, 2015
352.239-73Electronic Information and Technology AccessibilityDec 18, 2015Notice
352.239-74Electronic and Information Technology AccessibilityDec 18, 2015
C.2SOLICITATION PROVISIONS:
52.204-7System for Award ManagementOct 2016
52.204-16Commercial and Government Entity Code ReportingJul 2016
52.204-17Ownership or Control of OfferorJul 2016
52.215-5Facsimile ProposalsOct 1997
52.222-52Exemption from Application of the Service ContractMay 2014
Standards to Contracts for Certain

Services—Certification

52.225-25Prohibition on Contracting with Entities EngagingOct 2015
in Certain Activities or Transactions Relating to
Iran-Representation and Certifications

52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014):

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

THE CONTRACTOR SHALL PROVIDE EVIDENCE OF, OR SUMBIT A WRITTEN RESPONSE TO THE FOLLOWING TECHNICAL EVALUATION FACTORS. The following factors shall be used to evaluate offers:

(1) Technical Capability: Offeror shall provide a technical description of the items requested being offered in sufficient detail to evaluate compliance with the requirements in the scope & effect. The following are factors related to technical capability and in the order of importance.

(a) License = 30 points. Offeror must submit a copy of state license or ARRT license.

(b) Resume = 30 points. Offeror must submit resume with price quote.

(c) Letters of Reference = 10 points. Offeror must submit 2 letters of reference.

(2) Past Performance: The Offerors must demonstrate their record of successful performance in past contracts and/or jobs. The Government is seeking to determine whether the Offeror has the experience that will enhance its technical capability to perform the tasks described in the statement of work. Each offeror will be evaluated on the following sub-factors:

Sub-Factor 1: Relevancy of the offeror’s past performance to the requirement of this RFQ.

Sub-Factor 2: The quality of the offeror’s past performance.

Offerors must include past performance of contracts/jobs that are related to this project and include up to (3) three references. Please submit the most recent contract/jobs, within that past 3 years. NOTE: The Government reserves the right to contact any reference provided by the offeror in evaluating the offerors’s past performance. Furthermore, the Government reserves the right to use any information that comes to the attention of the Government in evaluating the offeror.

(3) Cost/Price: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. Price is not assigned an adjectival rating or scored; it will be evaluated to determine whether it is reasonable and if it reflects the offeror’s understanding of the work. Technical and Past Performance, when combined, are approximately equal to cost or price.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

AWARD DECISION: Selection of the successful offeror will be made based on the evaluation criteria. The quotations will be evaluated and a contract awarded under the Best Value Continuum approach to permit tradeoffs among cost or price and non-cost factors. This will allow the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror who meets or exceeds the technical acceptability standards established in the factors referenced above.

C.3 PROPOSAL SUBMISSION INSTRUCTIONS:

Reference FAR 52.212-1(b) Submission of Offers, as guidance for what the submitted offer must include. The offer must provide evidence of, or submit a written response to, the technical evaluation factors in FAR 52.212-2. In addition, the Contractor shall submit a completed copy of FAR 52.212-3 with its offer if the electronic Representations and Certifications section of the System for Award Management (SAM) is not completed. Contractors intending to conduct business with the Federal Government must register with the System for Award Management (SAM), now the primary Government repository, which retains information on Government contractors. You may register via the Internet at www.sam.gov.

All responsible offerors may submit a proposal, which shall be considered by the Agency. Offers shall be submitted to the Fort Belknap Indian Health Service, 669 Agency Main Street, Harlem, Montana 59526, no later than 5:00 p.m., on September 10, 2019. The offer must be submitted in a sealed envelope, addressed to this office, showing the time specified for receipt, the solicitation number, and your company's name and address. Offers will also be accepted by e-mail at lyolene.dillon@ihs.gov. Please include the solicitation number in the subject line.

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.

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