RFQ-10-17-021.REL.CSU_General_Surgery.doc

RFQ-10-17-021-REL

SECTION B

SECTION B - CONTINUATION BLOCK

B.1

PRICE SCHEDULE – GENERAL SURGERY SERVICES

The Billings Area Indian Health Service (IHS) is requesting quotations in accordance with the requirements of Request for Quotation (RFQ)-10-17-021-REL for General Surgery Services at the Crow/Northern Cheyenne Hospital, 10110 South, 7650 East, Crow Agency, Montana. The procurement is conducted under Simplified Acquisition procedures pursuant to the authority of Federal Acquisition Regulation (FAR) Subpart 13.5, Simplified Procedures for Certain Commercial Items (41 U.S.C. 3305, 3306, and Chapter 37); FAR Part 12, Acquisition of Commercial Items (41 U.S.C. 1906 and 1907 and 3307)); and FAR Subpart 37.4, Non-Personal Health Care Services Contracts (41 U.S.C. Chapter 33).

The acquisition is solicited on an unrestricted basis. 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 $11.0 million.

The IHS intends to award a fixed-price commercial item, Purchased/Referred Care (formerly known as Contract Health Service (CHS)) Requirements type contract as a result of this solicitation.

Potential offerors shall propose a daily rate for the clinics and surgical procedures for the base year and each subsequent option year.

As provided in FAR 52.212-1, Instructions to Offerors – Commercial Items (JAN 2017), offeror’s are authorized to submit alternate proposals for satisfying the requirements of the solicitation.

Schedule A – Base Year – September 1, 2017 through August 31, 2018 Clinics and Surgical Procedures – Crow/Northern Cheyenne Hospital

UNIT

OF

UNIT

TOTAL

ITEM

DESCRIPTION

QTY

ISSUE

PRICE

AMOUNT

1. Clinics

Day

2. Surgeries

Day

TOTAL:

Schedule B – Option Year One – September 1, 2018 through August 31, 2019

UNIT

TOTAL

ITEM

DESCRIPTION

QTY

ISSUE

PRICE

2.

Surgeries

Day

Schedule C – Option Year Two – September 1, 2019 through August 31, 2020

UNIT

TOTAL

ITEM

DESCRIPTION

QTY

ISSUE

PRICE

2. Surgeries

Day

Schedule D – Option Year Three – September 1, 2020 through August 31, 2021

UNIT

TOTAL

ITEM

DESCRIPTION

QTY

ISSUE

PRICE

2. Surgeries

Day

GRAND TOTAL:

B.2

PERIOD OF PERFORMANCE

Performance of the contract shall be from September 1, 2017, through August 31, 2018, with three 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)

September 1, 2018, through August 31, 2019 Option Year Two (2)

September 1, 2019, through August 31, 2020

Option Year Three (3)

September 1, 2020, through August 31, 2021 B.3

STATEMENT OF WORK - INTRODUCTION

The purpose of the contract is to acquire General Surgery consultation and peri-operative Services for the Crow/Northern Cheyenne Hospital, Crow Agency, Montana.

The Indian Health Service intends to enter into a procurement action pursuant to Federal Acquisition Regulation (FAR) 37.4, Non-Personal Health Care Services Contracts (41 U.S.C. Chapter 33), as defined in FAR 37.101, under which the Contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment).

The Contractor shall indemnify the Government for any liability producing acts or omissions by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The Contractor is required to ensure that its subcontracts for provisions of health care services contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance.

The Crow/Northern Cheyenne Hospital is a 24-bed hospital with two surgical suites. The surgery department averages about 45 patients per month and has potential for 136 per month.

B.4

DESCRIPTION

The individual/facility will demonstrate expertise and experience and propose assistance to the Crow/Northern Cheyenne Hospital (C/NCH) in establishing a General Surgical practice and referral program at the C/NCH.

The services provided must include:

1. A minimum of fifty two (52) Specialty Consultation Clinic and Procedure days for General Surgery services at the Crow/Northern Cheyenne Service Unit per year.

2. A minimum one hundred and four (104) on-site surgeries/procedures performed at the Crow/Northern Cheyenne Hospital, per year.

3. Demonstrate and propose assistance in establishing a Q/A and The Joint Commission (TJC) approved General Surgical Program.

4. Demonstrate and propose assistance in maximizing procedure billing and coding procedures.

5. Provide continuity and follow-up care for post-op patients.

6. When the need for diagnostic studies or surgery have been determined necessary offsite, or at the Contractor’s facility, the referral must be approved by the Resource Management Committee (Purchased Referred Care) prior to scheduling.

7. The General Surgeon will maintain full responsibility of surgical patient he/she performed surgery on at the Crow/Northern Cheyenne Hospital until patient is discharged. Responsibility includes call and post op care, progress notes, assessments and treatment plans.

B.5

DUTIES

A. Specialty Clinic (On-site)

1. Contractor shall provide a minimum of twenty-six (26) General Surgery Consultation Specialty Clinics during the specific year, with twenty-six (26) procedure days during the specified year.

2. The services shall include examination, diagnosis, prescribing of medications, and formulation of treatment recommendations, surgical interventions, referrals and follow-up plans. All documentation requirements shall be per Crow/Northern Cheyenne Hospital policies and procedures, i.e., tests, x-rays, history, medical decisions, and findings. Access to Dragon Medical Software will be provided. Reports will be entered into the RPMS EHR immediately and filed in chart. Payment to contractor will be contingent upon 100% completion of patient medical records.

3. Referrals to the clinic shall include pediatric and adult patients. Follow-up evaluations on patients referred by providers credentialed and privileged by HIS facility at other IHS facilities.

4. Dates of clinics are negotiable, but will be mutually agreed upon between the Crow Service Unit and the Contractor. At least 30-day notice of clinic dates will be given.

5. Time of services: Negotiable, but contractor shall provide services between the hours of 8:00 a.m. – 4:30 p.m. The Contractor is required to provide a minimum of Ten (10) appointment slots per full day of clinic.

6. Rescheduling of cancelled clinics shall occur within a month of the cancellation date or sooner depending on facility workload and staff availability.

B. Procedures (On-Site Surgery)

The Contractor shall provide a minimum of twenty-six (26) surgery/procedure days at the Crow/ Northern Cheyenne Hospital. A minimum of four (4) procedures/surgeries will be performed each surgical/procedure day (104 cases per year minimum). The Contractor must have expertise and experience in the areas listed below. On-site surgery/procedure services as determined to be appropriate for the Crow Service Unit such as (but not limited to):

1. Abdominal Surgery

2. Colon-Rectal Surgery

3. Biliary Surgery

4. Breast Surgery including needle localization breast biopsies

5. Endocrine Surgery

6. Peripheral Vascular Surgery

7. Skin grafting

8. Endoscopy (EGD, colonoscopy)

9. Skin lesions

10. The number of on-site surgical procedures scheduled per day or per half day shall be at the Contractor’s discretion and coordinated by the Service Unit’s assistant and OR staff.

11. The Contractor shall not be penalized for patient cancellations or failure to keep appointments.

12. Other procedures as deemed as appropriate by the Contractor.

13. The IHS shall be responsible for billing alternate resources for ALL services provided at the Crow Northern Cheyenne Service Unit including outpatient surgeries.

C. Off-Site Surgery The Contractor shall accept surgical, including emergency, referrals (must meet IHS Purchased/Referred Care guidelines) for procedures that cannot be performed at the Crow/Northern Cheyenne Hospital. Follow-up for off-site evaluations/surgeries shall be performed at the Crow/Northern Cheyenne Hospital as appropriate. The Contractor shall bill third party resources that referred patients are covered under, using the Correct Billing Initiative. Any global surgery will be billed using the –54 modifier, when the patient is to have post-operative management services at the Crow/Northern Cheyenne Hospital during scheduled contracted clinics.

B.6

OTHER SPECIFICATIONS

A. Contractor shall participate in Quality Assurance/Performance Improvement functions within the Crow Service Unit.

B. Contractor shall prepare and complete within 30 days, the medical and other required records (i.e., Patient Billing forms and referral forms to other specialists) for all patients for whom services are provided.

C. Orientation will be provided to the contractor.

D. IHS will provide nursing assistance for the coordination of the general surgery clinic and the on-site surgical procedures. Surgical assistance will be made available on an as needed basis.

E. The contractor must be in good health, have professional recommendations and medical staff compatibility.

F. The Contractor shall abide by the Crow/Northern Cheyenne Service Unit Medical By-laws.

G. During the performance of this contract, the contractor shall practice in accordance with the standards set by the CMS/TJC, who accredits the Crow/Northern Cheyenne Hospital.

H. Contractors whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by P.L. 101-630, the Indian Child Protection and Family Violence Prevention Act. Until the character investigation has been completed unsupervised contact with Indian children is not permitted.

I. Contractor shall comply with all IHS facility infection control and safety procedures, practices, and standards. Maintains and demonstrates knowledge of and adheres to hospital and departmental safety regulations. Performs responsibilities for infection control, hazardous materials, safety, security, emergency preparedness, life safety, medical equipment and utilities in accordance with established management plans.

B.7

MEDICAL CREDENTIALING/PRIVILEGING

Candidates must go through the entire formal credentialing/privileging process, including approval by the Medical Staff and Governing Body, prior to beginning their scheduled tour. The process starts with a pre-application, which will in turn be processed by the Billings Area Credentials Verification Organization (CVO), then reviewed and approved by the local clinical staff such as the Clinical Director (CD), Chief Medical Officer (CMO) and/or Chief Executive Officer (CEO). Once the pre-application is approved, then candidate will be provided a full application for appointment to the medical staff. Adequate time must be permitted for this process, which is typically 45 calendar days once the appointment application is received. Thus, when the contract is awarded, this is not an indication that the candidate can immediately start services.

Upon presentation of a candidate, the contractor will provide the following information:

(1) IHS-Credentialing Pre-application

(2) Provider’s curriculum vita with listing of any and all experience

(3) NPDB Self-query of provider

(4) Explanations shall be provided for derogatory information

(5) Copies of medical licensure and certifications

(6) Photo Identification

The above information will be reviewed and if approved, the contractor will be notified to complete a full appointment application on the candidate. The Service Unit credentialing packet and all associated documents will be provided to the contractor prior to the first request for a call slip.

B.8

INSURANCE

A. FAR clause 52.237-7, Indemnification and Medical Liability Insurance is applicable.

B. The Contracting Officer and Crow/Northern Cheyenne Hospital must obtain a copy of the insurance certificate PRIOR TO AWARD (FAR 37.402).

B.9

EQUIPMENT, FACILITIES, AND SERVICES

The IHS does not anticipate a need for Contractor furnished equipment or supplies for services provided onsite. The IHS shall provide all surgical and non-surgical equipment and supplies.

B.10

CONTRACTING OFFICER AUTHORITY

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

B.11

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer shall designate a COR, in writing, at time of award. The COR shall be responsible for:

a. Monitoring the Contractor’s technical progress;

b. Interpreting the statement of work;

c. Technical evaluation as required;

d. Technical inspections and acceptance required by the contract; and,

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

B.12

ORDERING OFFICIAL

The Purchased/Referred Care (PRC) Office at the Crow/Northern Cheyenne Hospital will request the services and obligate the funds on the IHS-T-843-1A Purchase-Delivery Order for Health Services. The PRC Office will be responsible for:

(a) Monitoring funds available for obligation under this contract;

(b) Ensuring that the delivery orders are issued in accordance with the terms of the contract;

(c) Ensure the delivery orders, billing forms and payments are processed in a timely manner; and

(d) Assisting the Contractor in resolution of administrative problems encountered during performance of the contract.

B.13

INDIVIDUAL DELIVERY ORDERS FOR SURGICAL PROCEDURES

(a) Individual delivery orders will be issued using the IHS-T-843-1A, Purchase-Delivery Order for Health Care Services form to order surgical services. Therefore, the Contractor is not required to complete any of the preprinted report sections of the delivery order form. This contract’s terms, conditions, and clauses shall apply rather than those cited on the reverse of the “provider’s copy” of the IHS-T-843-1A form.

(b) To ensure proper payment, the individual delivery orders shall cite the contract number, delivery order number, and Employer Identification Number (EIN) suffix, in the appropriate blocks on the form. The delivery orders shall set forth the scope of the service(s), estimated cost(s), and the length of stay, if applicable. The extent of services is based on the estimates established by the Government official making the referral.

B.14

INVOICE SUBMISSION FOR SPECIALTY CLINICS AND ONSITE SURGERY

a. The Contractor shall submit an original and two (2) copies of its invoice for the Specialty Clinics and Onsite Surgeries to the following address:

Crow/Northern Cheyenne Hospital

Attn: Anthony Tranchita, M.D.

P.O. Box 9

Crow Agency, Montana 59022

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.

B.15

INVOICE SUBMISSION FOR OFFSITE SURGICAL PROCEDURES

(a) The Contractor shall submit the original billing form CMS 1500; IHS-T-843-1A, Purchase-Delivery Order for Health Services; and a copy of any third party Explanation of Benefits (EOB) to:

New Mexico Blue Cross and Blue Shield IHS Purchased Referred Care Department P.O. Box 13509 Albuquerque, New Mexico 87192-3509 The Contractor shall submit the invoices to the Fiscal Intermediary (FI) within 30 days of receipt or denial of billed alternate resources.

The FI is required to return incomplete or inaccurate invoices to the Contractor until such time that a proper and corrected invoice is received.

The provider copy of the CMS billing form 1500 and IHS-T-843-1A should be retained by the Contractor. All other copies of the forms, a copy of any third party EOB, and the itemized invoice should be sent to the PRC Office.

B.16

PAYMENTS THROUGH THE FISCAL INTERMEDIARY

(b) All claims presented by the Contractor shall be paid in accordance with the Prompt Payment Act, 31 U.S.C. 3901, et seq., and the implementing policies and procedures contained in OMB Circular No. A-125.

(c) Interest shall be paid on late payments in accordance with the requirements in Federal Acquisition Regulation 32.9. In particular, the specified interest shall be paid when the payment occurs more than 30 days after the Contractor has submitted a “Clean” claim.

(d) The FI shall pay claims under this contract either by check or wire transfer at the option of the FI.

(e) FI payments shall be based on the information furnished by the Contractor on the Contractor Summary Sheet, fee schedule, and CMS 1500 form submitted by the Contractor. The Contractor shall ensure that the applicable procedure codes are cited on each CMS 1500 form. This information must be completed and forwarded to the FI before any payments can be made under the contract. The Contracting Officer shall submit the Contractor Summary Sheet to the FI upon contract award. The FI is authorized to reduce future payments to recoup amounts overpaid on the basis of the information furnished.

(f) Any changes to the information furnished under paragraph (d) of this section shall be furnished to the Crow Service Unit or Area Office in writing at least thirty days before the effective date of the change. It is the Contractor’s responsibility to furnish these changes promptly. Neither the IHS nor the FI will be liable for errors or delays in payment as a result of the Contractor’s failure to furnish information changes as required.

(f) The Contractor shall direct all inquiries concerning claim payments directly to the FI, New Mexico Blue Cross and Blue Shield at 1-800-225-0241 or by writing to the above address.

B.17

CONTRACT PAYMENT DISPUTES AND APPEALS

(a) The FI shall be responsible for administrative remedies to resolve payment disputes that may result from FI determinations, and to adjudicate payment complaints and disputes from all parties.

(b) When the FI administrative remedies are not sufficient to resolve the dispute, the Contractor shall submit the claim to the awarding Contracting Officer in accordance with the Dispute clause.

B.18

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.

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

MAY 2011

Fiber Content Paper 2.

52.209-7 Information Regarding Responsibility Matters

JUL 2013

3.

52.212-4 Contract Terms and Conditions – Commercial Items

JAN 2017

4.

52.215-5 Facsimile Proposals

OCT 1997

5.

52.216-18 Ordering

OCT 1995

6.

52.216-19 Order Limitations

7.

52.216-21 Requirements

8.

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

MAY 2011

9.

52.223-6 Drug-Free Workplace

MAY 2001

10.

52.223-10 Waste Reduction Program

MAY 2011

11.

52.232-18 Availability of Funds

APR 1984

12.

52.232-40 Providing Accelerated Payments to Small Business

DEC 2013

Subcontractors

13.

52.237-2 Protection of Government Buildings, Equipment, APR 1984 and Vegetation 14.

52.237-7 Indemnification and Medical Liability Insurance

JAN 1997

15.

52.242-15 Stop-Work Order

AUG 1989

16.

52.242-17 Government Delay of Work

APR 1984

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).

[ X ] (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.

[ X ] (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—Subcontracting 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).

[ ] (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).

[ X ] (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:

[ ] (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

HHSAR Clause Title

Date

352.203-70 Anti-Lobbying

DEC 18, 2015

352.208-70 Printing and Duplication

352.211-3 Paperwork Reduction Act

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

352.226-1 Indian Preference

352.226-3 Native American Graves Protection and

DEC 18, 2015

Repatriation Act

352.227-70 Publications and Publicity

352.237-70 Pro-Children Act

352.237-71 Crime Control Act—Reporting of Child Abuse

DEC 18, 2015

352.237-72 Crime Control Act—Requirement for Background

DEC 18, 2015

Checks

352.237-73 Indian Child Protection and Family Violence Act

DEC 18, 2015

352.237-74 Non-Discrimination in Service Delivery

DEC 18, 2015

352.239-73 Electronic and Information Technology

DEC 18, 2015

Accessibility Notice 352.239-74 Electronic and Information Technology

DEC 18, 2015

Accessibility

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 therefore you may want to access the “FirstStep Poster Advisor” at http://webapps.dol.gov/elaws/. 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.