RFQ-10-18-040-KN.PharmacistFPSU.docx

1. PRICE SCHEDULE – PHARMACY SERVICES

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

The Billings Area Indian Health Service (IHS) intends to award a firm fixed price Commercial Item contract in response to Request for Quotation (RFQ) 10-18-040-KN. This solicitation is set-aside 100% for Small Businesses. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99. The associated North American Industry Classification System code is 813920 and the small business size standard is $15.0 million. Quotations should be prepared in accordance with Federal Acquisition Regulation 52.212-1, Instructions to Offerors – Commercial Items (JAN 2017).

Unit Est. of Item Description Quantity Issue Unit Price Total Amount

1. Pharmacist 880 hr $ __ $ ____ (base year)

2. Pharmacist 880 hr $ __ $ ____ (option year 1)

3. Pharmacist 880 hr $ __ $ ____ (option year 2) The pharmacist must report for duty within 3 days after the Government notifies the Contractor.

2. PERIOD OF PERFORMANCE

Performance of this delivery order shall be from September 1, 2018, through August 31, 2019.

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

3. PERFORMANCE LOCATION

The contract pharmacist will be carrying out their duties at the following health care facility location:

Verne E. Gibbs Health Center, 107 H Street E, Poplar, Montana 59255, 406-768-3491

4. STATEMENT OF WORK

The purpose of this acquisition is to acquire pharmacy coverage during the absence of a staff pharmacist. The coverage will be two weeks a month or as needed to be determined by the Chief of Pharmacy.

WORK SCHEDULE: Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding federal holidays. The contract pharmacist will work up to 40 hours per week in the pharmacy. The contract pharmacist will take a 1 hour lunch break, which will usually occur from 12:00 pm to 1:00 pm.

The Fort Peck Service Unit is located on the Fort Peck Indian Reservation and consists of two outpatient health centers in neighboring towns 22 miles apart, Verne E. Gibbs Health Center, 107 H Street E, Poplar, Montana and Chief Redstone Health Center, 550 6th Ave. N, Wolf Point, Montana.

The Fort Peck Service Unit has fingerprinting and security requirements the contractor must comply with prior to performing services. The contractor will be provided with necessary paperwork prior to starting work. The security packages must be completed and returned to the Pharmacy Supervisor at least one week prior to the start date to give sufficient time for processing. The Pharmacy Supervisor can be reached by calling 406-768-2171. As this is a Federal Facility, the contract pharmacist must possess and maintain a permanent, full, and unrestricted license in a State, District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.

The Fort Peck Service Unit has implemented the EHR (electronic health record) system and also utilizes the Indian Health Service’s RPMS computer system. Because of electronic health record requirements, the contract pharmacist must be thoroughly familiar with the use of computers. A preference may be given to a pharmacist who has experience with the Indian Health Service’s EHR system. The EHR is a way to enter and track all patient information into a computerized database. The contract pharmacist will be provided with hands on training by the EHR Clinical Applications Coordinator (CAC) and further assistance if needed. For questions concerning the EHR system please contact our Clinical Applications Coordinator, Lana Engelke at 406-768-2149.

The Fort Peck Service Unit does not have housing available for contract personnel therefore the contractor is responsible for providing their own accommodations at their own expense. The closest hotels are located in Wolf Point (approx. 23 miles away from Poplar) and in Culbertson (approx. 32 miles away from Poplar). There are no hotels within walking distance of the health center. No GSA vehicle will be made available.

The contract pharmacist shall advise the pharmacy supervisor or their designated representative of any problems encountered, or which may be encountered, in connection with meeting the needs of the contract pharmacist's duties. The contract pharmacist shall maintain acceptable standards of personal hygiene and grooming. The attire worn is casual professional.

The contract pharmacist must pass a background investigation to obtain the privileges and clearances necessary to perform the services.

Major Duties include, but are not limited to the following: Entering medication orders, checking/verifying medications prior to dispensing, patient counseling, providing drug information to patient/staff, medication dose checking, allergy/adverse reaction verification, processing prescription refills, assisting in the operation of pharmacy robotics systems, records patient-provider transactions in the Electronic Health Record (EHR), as well as other duties as assigned. Displays appropriate professional conduct with patients, staff and community at all times according to the Indian Health Service Standards of Conduct. Also participates willingly in the team approach in improving processes throughout the clinic and healthcare community.

Federal contract employees do not accrue any form of retirement, social security, insurance or any other form of benefits. The federal government does not withhold from the contract pharmacist any local, State or Federal taxes. It is the Contractor's sole responsibility to pay the taxes and any other personal obligations for the contract pharmacist.

5. KNOWLEDGE REQUIRED BY THE POSITION

Bachelors of Science in Pharmacy or Doctor of Pharmacy is required. Required to possess an active unrestricted license in one of the 50 states.

The contract pharmacist must have the ability to work with people from a variety of backgrounds and different cultures. The contract pharmacist may participate in one or more committee activities or functions which assure compliance with CMS standards. Skill in oral and written communication is required.

Knowledge of the physical/chemical properties/characteristics of pharmaceutical substances; therapeutic action of drugs; and principles of chemical, biological, pharmacological, and biopharmaceutical science.

Skill in planning, monitoring, and evaluation of drug therapy in a clinical setting. Ability to manage pharmaceutical patients with exceedingly complex medical pharmacy histories, including patients on multiple drugs, managing severe side effects and extremely adverse drug reactions.

Current knowledge of diagnostic, preventative and therapeutic approached related to the chronic disease states associated with specialized pharmacy clinics is required. Skill in Pharmacokinetics, pharmacoeconomics, drug-food, drug-disease interactions to advise physicians and other health professionals on the appropriate drug therapy. Skill in researching and evaluating, complex medical pharmaceutical information.

Ability to collect, properly record and communicate relevant primary health care assessments, secure medical history, evaluate physical findings and interpret selective laboratory tests.

Skill in reviewing medication profiles and outpatient charts to identify potential adverse drug and therapy outcomes, and recommend/initiate cost effective clinical drug therapy.

Ability to monitor and manage the major chronic diseases of hypertension, diabetes, cardiovascular disease, hyperlipidemia, anticoagulation, and hyper-alimentation.

Ability to communicate with patients regarding the disease state, desired outcomes, laboratory tests, proper administration, use, actions, precautions and storage of their medications. Must be skilled to work with difficult patients to overcome communication problems, denial of life-style diseases to present drug therapy and desired outcomes at “lay” person comprehensive level. Ability to identify and develop educational activities related to patient care for all Health Professionals and health Professional Students.

Ability to follow pharmacy primary care acute and chronic care protocols recording all information in the patient’s medical record.

6. SUPERVISION

The supervisor or designee is available for consultation. Because of the contract pharmacist’s recognized technical expertise in her/his area of education and practice, the work accomplished is considered technically authoritative and almost always accepted without review. Work which involves out of the ordinary drug utilization or compliance issues is discussed with supervisor who keeps aware of the condition of such patients. Work performance is reviewed for conformance to Indian Health Service and updated policies, procedures and accepted professional practices relating to direct patient care. Technical guidance is provided by contract consultants in the special areas of medicine. The work is evaluated through the Quality Assurance Program of the Fort Peck Service Unit.

SUPERVISOR: Bradley Moran, Chief Pharmacist

ALTERNATE SUPERVISOR(s): Cole Dysinger, Staff Pharmacist; Tony Totoraitis, Staff Pharmacist, Regina Blevins, Staff Pharmacist, Brianne Hagan-Moran, Staff Pharmacist, Sam Shell, Staff Pharmacist

7. GUIDELINES

Guidelines available include DHHS, PHS, Indian Health Service, Billings Area, Service Unit, and Pharmacy regulations, policies, procedures, and Governing Body by-laws.

8. COMPLEXITY

The work consists of a broad general practice of pharmacy, most similar to a retail environment. The work is often fast paced and further complicated by the fear and skepticism of patients.

9. SCOPE AND EFFECT

The work affects the health and well-being of individuals on an immediate basis; and impacts the health status of the community on a broad base.

10. PERSONAL CONTACTS

Personal contacts of the contract pharmacist are with patients, providers, other employees, representatives of other federal, state, tribal health organizations, and administrators and physicians from the private sector. These contacts are made with individuals and occasionally groups in moderately unstructured settings.

11. PURPOSE OF CONTACTS

The purpose of the contacts are to exchange information, resolve problems, educating, influencing and motivating individuals and groups to understand and accept recommended medical information, treatment, and therapies.

12. PHYSICAL DEMANDS

The work requires some physical exertion and stamina, and extensive walking, standing, sitting, bending, and similar activities. The contract pharmacist may be driving to and from accommodations.

13. WORK ENVIRONMENT

Work is performed in a clinic setting, with continual exposure to patients having a variety of illnesses and communicable diseases. Occasionally, the contract pharmacist may be subjected to adverse weather and hostile patients and/or the families. Work on a regularly assigned schedule. Winter weather may produce hazardous conditions.

14. GOVERNMENT FURNISHED PROPERTY

The IHS shall provide all medical equipment and supplies The Fort Peck Service Unit will be responsible for getting the Contractor access and clearance to all pertinent computer systems necessary to carry out his/her duties.

15. COMPUTER SECURITY

Pursuant to the Federal Information Security Management Act of 2002 (FISMA), the contract pharmacist will be required to complete a course in Computer Security Awareness Training. This training must be completed annually by all employees including all contractors, volunteers, students, and summer externs. The contract pharmacist will be required to comply with the Federal Information Processing Standards Publication (FIPS PUB) Number 201, “Personal Identity Verification of Federal Employees and Contractors” and the associated Office of Management and Budget (OMB) implementation guidance for personal identity verification for all affected contractor and subcontractor personnel.

Access/clearance to all pertinent computer systems, including completing the Rules of Behavior form, Security training; and if necessary, a Business Partner Interconnection Security Agreement (BPISA), should be coordinated with the Site Manager.

16. CONTRACTING OFFICER AUTHORITY

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

17. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR for this delivery order will be Jackie Hippe, Health System Specialist, Fort Peck Service Unit. The COR shall be responsible for:

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

(2) Interpreting the Statement of Work;

(3) Technical evaluation as required;

(4) Technical inspections and acceptance; and

(5) Assisting the Contractor in the resolution of technical problems encountered.

18. INVOICE SUBMISSION AND PAYMENT

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

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) Delivery Order 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.

19. 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.

20. 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.

21. CHILD CARE NATIONAL AGENCY CHECK AND INVESTIGATION (CNACI)

A CNACI must be completed for all Indian Health Service (IHS) contract personnel within the Billings Area. Public Law (P.L.) 101-630, Indian Child Protection and Family Violence Prevention Act, requires the IHS to conduct a criminal history background investigation on all contractors performing services in IHS facilities. The character and background investigations will be conducted by the Fort Peck Service Unit.

In addition, fingerprints must be taken as part of the pre-employment process and must be completed before the contract pharmacist is allowed to work. The fingerprints should be coordinated with the Service Unit.

23. SECTION C – CONTRACT CLAUSES & PROVISIONS

CONTRACT CLAUSES:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

https://www.acquisition.gov/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

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

Services—Requirements

Vegetation

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR Chapter 3) Clauses

Opportunity Investigations

Checks

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.217-8 OPTION TO EXTEND SERVICES:

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before the contract expires.

52.217-9 OPTION TO EXTEND TERM OF THE CONTRACT:

(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 5 years.

SOLICITATION PROVISIONS:

Services—Certification

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

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

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

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

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

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

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

(2) Past Performance: The Offeror must demonstrate its record of successful performance in past contracts and/or jobs, Government and/or commercial. Each offeror will be evaluated on its performance under existing and prior contracts/jobs. The offeror must include at least three contracts/jobs that are related to this project. Include the following information: (1) Name of Government agency/Company; (2) Contract Number, if applicable; (3) Dates of Service/Employment; (4)Total contract value/hourly wage; (5) Description of contract work/Job duties; (6) Contracting Officer/Company Manager and telephone number; (7) Program Manager and telephone, if applicable.

In evaluating past performance the Government may also use information from its own files, information provided by the offeror, or from any other sources it deems appropriate. Offerors will be given the opportunity to clarify information concerning the relevancy of an offeror’s past performance information, and any adverse past performance information to which the offeror has not previously had an opportunity to respond. If the offeror has no relative past performance, they shall affirmatively state so. NOTE: The Government reserves the right to contact any reference provided by the offeror in evaluating the offeror’s past performance. Furthermore, the Government reserves the right to use any information that comes to the attention of the Government in evaluating the offeror.

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

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

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

PROPOSAL SUBMISSION INSTRUCTIONS:

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

All responsible offerors may submit a proposal, which shall be considered by the Agency. Offers shall be submitted to the Billings Area Indian Health Service, 2900 Fourth Avenue North, Room 304, Billings, Montana 59101, no later than 5:00 p.m., on August 10, 2018. The offer must be submitted in a sealed envelope, addressed to this office, showing the time specified for receipt, the solicitation number, and your company's name and address. Offers will also be accepted by e-mail at Kenneth.Nicholson@ihs.gov. Please include the solicitation number in the subject line.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 90 days from the date of receipt by the Government.