RFQ-10-17-019-REL.Tribal_Consultation_Services.doc

RFQ-10-17-019-REL

SECTION B

SECTION B - CONTINUATION BLOCK

B.1

PRICE SCHEDULE – TRIBAL CONSULTATION SERVICES

This acquisition is for the provision of Tribal Consultation Services for the Billings Area Indian Health Service (IHS). The procurement is conducted pursuant to Federal Acquisition Regulation (FAR) Subpart 13.5, Simplified Procedures for Certain Commercial Items; FAR Part 12, Acquisition of Commercial Items (41 U.S.C. 1906 and 1907)); 41 U.S.C. 3304(a)(1) as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”; and FAR 37.101, Non‑Personal Service Contract.

The IHS intends to award a fixed-price commercial item contract in response to Request for Quotation (RFQ) 10-17-019-REL. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industry Classification System code is 541611 and the small business size standard is $15.0 million.

Unit of

Item Description Quantity Issue Unit Price Total Amount 1.

Base Year

MO

2.

Option Year One

MO

3.

Option Year Two

MO

GRAND TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$___________

B.2

PERIOD OF PERFORMANCE

Performance of this contract shall be for seven (7) months with two 12-month options.

If the Government exercises the options pursuant to Federal Acquisition Regulation (FAR) 52.217-9, Option to Extend the Term of the Contract (MAR 2000), the period of performance shall be extended in accordance with the following schedule:

Year

Option Period

Option Year One (1)

To be completed by the Government at time of award.

Option Year Two (2)

To be completed by the Government at time of award.

B.3

BACKGROUND INFORMATION

The policies, procedures and regulations in regard to consultation with tribes as defined in Public Law (P.L.) 93-638, Indian Self-Determination and Education Assistance Act, as amended; P.L. 94-437, Indian Health Care Improvement Act, as amended; and Executive Order 130784, dated May 13, 1998, establish a unique government-to-government relationship between American Indian and Alaska Native Tribal governments and the Federal Government.

Indian Health Service (IHS) Circular 2006-01, “Tribal Consultation Policy”, requires consultation and participation by and between the Federal Government and Tribal governments and organizations on the development of IHS program policies and activities. It further requires the Area Director, in consultation with the Tribal governments, to designate an organization/committee comprised of representatives from each Tribe served by the Area. As set forth in paragraph B of Section 6, “Meetings between the designated Tribal organization and Area Office management and staff shall occur at least twice each year”.

B.4

PURPOSE OF CONTRACT

The purpose of this request is to contract for services to assist with advocacy, policy formulation, analysis, legislative, regulatory tracking, direct and timely communication with the Billings Area tribes on issues dealing with health care, training, and technical assistance. The Contractor will enhance communication that emphasizes an open and transparent process which results in effective collaboration and informed decision-making consensus on issues that have substantial impact on the Billings Area Tribes and Urban Indian Health Programs (UIHP).

The Contractor will bring, to tribal governments, timely information to help them effectively make sound health care policy decisions. The Contractor will provide a system to keep the flow of health care information in front of policy makers and Tribal governments manifesting progress in health care and strengthening Tribal sovereignty.

The Contractor shall have a thorough knowledge of the mentioned laws and policies to ensure ongoing participation that allows all interested parties to engage one another through negotiations, compromise, and problem solving to reach a desired outcome.

B.5

STATEMENT OF WORK

The Contractor is responsible for a wide range of functions that are critical to the IHS relationship with Tribes, Tribal Organizations, UIHP and other American Indian groups in the Billings Area. The Contractor will support the four IHS priorities:

1. To renew and strengthen partnerships with Billings Area Tribes;

2. To reform IHS;

3. To improve the quality of and access to care; and

4. To make IHS’ work accountable, transparent, fair and inclusive.

The Contractor shall provide for information dissemination and collection activities/services through various methods including, but not limited to, social media, mailing of documents, and provision of hard copies of documents. The Contractor shall be responsible for all costs associated with dissemination and collection of information including:

· Collection of information from tribes.

· Copying and postage expenses.

· Personnel, supplies and equipment necessary to perform the services.

· The Contractor will be responsible for all telephone costs incurred in the performance of this contract.

· Telecommunication expenditures.

The Contractor is responsible for the coordination of federal legislative updates, policy changes, and rule making issues and disseminated to the tribes and UIHP. The Contractor shall assist the tribes in the development of formal responses and submission of deliverables regarding, but not limited to, the following areas requiring tribal consultation and responses:

· white papers

· tribal resolutions

· formal comments

· formal presentations

These reports will be presented to federal agencies, state governments, and other governmental entities as deemed necessary. The Contractor will submit to these agencies, on behalf of the tribes, if tribal leadership is unable to attend the health committees, workgroup sessions, and formal hearings.

The Contractor will coordinate and communicate to tribes:

· Requests for tribal comments regarding policy, rule-making, and legislative issues

· IHS Dear Tribal Leader Letters

· IHS-wide conference calls

· Federal requests for comments

· Assist IHS in the coordination and conducting of IHS-wide conference calls for the tribes and urban programs.

The Contractor shall attend National Joint Tribal/Federal workgroups and/or task force meetings to enhance/assist tribal consultation with expertise on particular policies, practices, issues and concerns to work collaboratively and offer recommendations for consideration to local health care needs focusing attention on Indian health care needs, resulting in progress for Tribes.

The Contractor is responsible for identifying tribal leaders and delegating tribal officials for the attendance at these meetings/workgroups.

The Contractor will develop a reporting system in which information relating to these committees is gathered, disseminated, and reported to the Indian Health Service, tribes, and Billings Area Urban Programs within the Billings Area. This will include on-going consultation with Billings Area Tribes and Urban Programs to exchange information, dialogue, and mutual understandings on informed decision-making processes that impact the health/well-being of tribes in our area.

The Contractor shall involve the Billings Area Tribes and Urban Programs in the development of locally relevant and culturally appropriate approaches to health/well-being issues in our area.

The Contractor will develop, publish, and distribute information related to Billings Area Tribes, Tribal Organizations, Urban Indian Health Programs, state and local governmental agencies, and other interested parties, including trainings.

The Contractor will collaborate with Tribal and Federal partners to address crosscutting issues and processes, including budget formulation: self-determination issues; Tribal shares methodologies; resolution of audit findings; and emergency preparedness, response and security.

To coordinate and conduct four (4) quarterly tribal consultation meetings in Fiscal Year (FY) 2017. The Tribal Organization shall provide all services necessary to organize, schedule, and facilitate the consultation meetings. The consultation meetings shall include participation by the Billings Area IHS, Billings Area Tribes, Tribal Health Boards, Billings Area Urban Health Programs, and other tribal organizations located in Montana and Wyoming. The Contractor shall submit meeting records, evaluation outcomes and reporting documents pertaining to quarterly meetings within 15 days after each quarterly meeting.

To assure support to the Tribal Health Directors, Billings Area, the Contractor shall coordinate and conduct four (4) quarterly Sub-Committee on Health meetings in FY 2017. The Contractor shall provide all services necessary to organize, schedule, and facilitate the consultation meetings. The consultation meetings shall include participation by the Billings Area IHS, Tribal Health Directors, Tribal Health Programs, Tribal Health Boards, UIHP, and other tribal health organizations located in Montana and Wyoming. Other federal and state agencies will also be invited to participate in such meetings. The Contractor will submit meeting records, evaluation outcomes and reporting documents pertaining to quarterly meetings within 15 days after each quarterly meeting.

The Contractor is responsible for the development of draft agendas for the meetings. The draft agendas shall be sent to IHS for final approval. The finalized agenda shall be disseminated to the Montana and Wyoming Tribes and the IHS 10 working days prior to the scheduled meeting by email and other information outlets. Agenda items and issues requested from the tribes and urban programs shall be forwarded to the IHS 10 working days prior to the meeting(s).

The Contractor shall ensure requested time is allotted for the Area Director, Billings Area IHS to present and provide periodic updates regarding IHS during these meetings. To assure transparency and communication needs of the tribal leadership, the Area Director is provided allotted time for questions and answers.

Meeting Minutes: The Contractor shall submit minutes from each meeting within 15 days after the meeting to the Montana and Wyoming Tribes, Billings Area Urban Health Programs, and the IHS.

Deliverables:

1. The Contractor shall submit a detailed monthly invoice to the IHS. This shall include itemized expenditures relating to tribal representation at the identified meetings and workgroups. The invoice will also include a report, including all documents, regarding services and activities conducted by the Contractor for that specific month.

2. The Contractor shall submit a final year-end report itemizing the services, activities, and meetings conducted and attended. IHS will process payment of final invoice based on receipt and acceptance of the final report. The year-end report must be submitted within 30 days after the fiscal year ends.

B.6

CONTRACTING OFFICER AUTHORITY

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

B.7

CONTRACTING OFFICER’S REPRESENTATIVE (COR) DESIGNATION

The COR shall be responsible for:

(a) Monitoring the Contractors technical progress, including surveillance and assessment of performance and recommending technical changes;

(b) Interpreting the Statement of Work;

(c) Technical evaluation as required;

(d) Technical inspections and acceptance; and

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

B.8

INVOICE SUBMISSION AND PAYMENT

a. The Contractor shall submit its invoices to the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107, with a courtesy copy to:

Name:

Ivan Macdonald Title:

Public Health Advisor, Office of Tribal Programs

Address:

Indian Health Service

2900 Fourth Avenue North

Billings, Montana 59101

Telephone:

(406) 247-7073

b. 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); and

(8) Data Universal Numbering System (DUNS) number (to ensure payment is made to the correct bank account) and vendor mailing address, as provided in the System for Award Management (SAM), formerly known as the Central Contractor Registration (CCR) database.

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

c. The Contractor shall submit a detailed monthly invoice to the IHS. This shall include itemized expenditures relating to tribal representation at the identified meetings and workgroups. The invoice will also include a report of services and activities relating to tribal consultation for that month.

d. The Contractor shall submit a final year-end report comprised of the services, activities, and meetings conducted and attended. The IHS will process the final invoice upon receipt and acceptance of the final report.

SECTION C - CONTRACT CLAUSES

C.1

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/ No. FAR Clause

Title

Date

1. 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

MAY 2011

Content Paper

2. 52.204-7 System for Award Management

OCT 2016

3. 52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

4. 52.204-13 System for Award Management Maintenance

OCT 2016

5. 52.204-16 Commercial and Government Entity Code Reporting

JUL 2016

6. 52.204-17 Ownership or Control of Offeror

JUL 2016

7. 52.204-18 Commercial and Government Entity Code Maintenance

JUL 2016

8.

52.204-19 Incorporation by Reference of Representations and

DEC 2014

Certifications

9.

52.211-16 Variation in Quantity

APR 1984

10.

52.212-4 Contract Terms and Conditions – Commercial Items

JAN 2017

11.

52.215-5 Facsimile Proposals

OCT 1997

12.

52.217-8 Option to Extend Services

NOV 1999

13.

52.223-2 Affirmative Procurement of Biobased Products

SEP 2013

Under Service and Construction Contracts

14.

52.223-5 Pollution Prevention and Right-to-Know Information

MAY 2011

15.

52.223-6 Drug-Free Workplace

MAY 2001

16.

52.223-10 Waste Reduction Program

MAY 2011

17. 52.223-17 Affirmative Procurement of EPA-designated Items

MAY 2008

in Service and Construction Contracts 18.

52.227-14 Rights in Data—General

MAY 2014

19.

52.227-17 Rights in Data—Special Works

DEC 2007

20.

52.228-5 Insurance—Work on a Government Installation

JAN 1997

21.

52.232-18 Availability of Funds

22.

52.237-2 Protection of Government Buildings, Equipment, APR 1984 and Vegetation

23.

52.237-3 Continuity of Services

JAN 1991

24.

52.242-15 Stop-Work Order

AUG 1989

25.

52.242-17 Government Delay of Work

26.

52.245-1 Government Property

JAN 2017

27.

52.245-9 Use and Charges

APR 2012

28. 52.251-1 Government Supply Sources

APR 2012

29.

52.251-2 Interagency Fleet Management System Vehicles and

JAN 1991

Related Services C.2

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).

[ X ] (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).

[ X ] (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.

[ X ] (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:

[ ] (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).

[ X ] (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.

C.3

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

Clause No.

Title

Date

352.203-70 Anti-Lobbying

Dec 18, 2015

352.208-70 Printing and Duplication

352.215-70 Late Proposals and Revisions

352.222-70 Contractor Cooperation in Equal Employment Dec 18, 2015

Opportunity Investigations

352.223-70 Safety and Health

352.224-70 Privacy Act

352.224-71 Confidential Information

352.237-70 Pro-Children Act

352.239-73 Electronic Information and Technology

Dec 18, 2015 Accessibility Notice 352.239-74 Electronic and Information Technology

Accessibility C.4

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

C.5

PRO-CHILDREN ACT OF 1994

The Contractor certifies that it will comply with the provisions of Public Law 103-227, Pro-Children Act of 1994, which imposes restrictions on smoking where federally funded children's services are provided.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1

DEPARTMENT OF LABOR POSTERS AND/OR NOTICES THAT MUST BE

DISPLAYED IN THE WORKPLACE:

1. Employee Polygraph Protection Act (EPPA)

2. Fair Labor Standards Act (FLSA)

3. Equal Employment Opportunity (EEO)

4. Uniformed Services Employment and Reemployment Rights Act (USERRA) Notice/Poster

5. Occupational Safety and Health Act (OSHA)

The posting requirements vary by statute so you may want to access the “FirstStep Poster Advisor” at http://webapps.dol.gov/elaws/posters.htm. The Poster Advisor is designed to assist your Organization with the poster requirements for the laws administered by DOL.

SECTION E - SOLICITATION PROVISIONS

E.1

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

E.2

52.212-2 EVALUATION – COMMERICAL ITEMS (OCT 2014)

(a) The following factors shall be used to evaluate the offer:

Factor 1: General and Automobile Liability Insurance. Provide evidence of current general and automobile liability coverage.

1.1 General liability.

Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

1.2 Automobile liability.

Automobile liability insurance written on the comprehensive form of the policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. The policy shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

Factor 2: Contract Cost/Price.

2.1 The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of the offers.

The price proposal must generally adhere to the pricing structure established in Section B “Price Schedule”. The offeror’s price proposal must be based on the offeror’s technical proposal and the Government’s statement of work.

Section B “Price Schedule” shall be completed by the offeror in accordance with the following:

i. All prices contained in the price schedule must reflect an all-inclusive monthly rate.

ii. 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. This factor will be evaluated utilizing price analysis techniques identified in FAR Part 15.404-1. Analysis will include review of price reasonableness and balanced pricing.

E.2.1 EVAULATION METHODOLOGY

A team of Government personnel will evaluate the quotation. The quotation will be evaluated in accordance with the aforementioned factors.

E.2.2 BASIS FOR AWARD

The contract will be awarded based on price and the evaluation criteria.

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

E.3

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.