RFQ-23-076 DDU Professional Staff Service Solicitation Attachment SAM - 2-27-2023 RFQ23032.pdf

Great Plains Area Regional Drug Dependency Unit (GPARDDU)

1 Background

This Statement of Work (SOW) describes the requirements for non-personal professional care services to support the mission of Indian Health Service.

2. General Requirements

The intent of this contract is to provide Temporary Health Care staff to cover short term staffing requirements at the GPARDDU. The care provided by the health care staff shall be as comprehensive as the GPA supplied facilities; equipment and support services permit. The contractor shall provide qualified health care and dietary staff to provide services for patients as required by this performance work statement (PWS) and in accordance with the terms and conditions in this agreement. Contractor health care staff shall provide services to eligible beneficiaries of the Indian Health Service who present themselves for treatment. Contracted services encompass the provision of substance abuse treatment services that are non-emergent. The primary function of the health care staff shall be to provide patient care services in the specialty of his or her training. Health care staff will provide direct care for example

1) general oversight, 2) observations of physical and mental health conditions, 3) physical and mental health assessments, 4) medication administration, 5) preparing meals as needed, 6) assisting with facilitated programing if needed.

2.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

2.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor is required to provide quality assurance services and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.4. Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain and ensure continuity of the Behavioral Health and Substance Use Treatment operations between the contractor's corporate offices and the Indian Health Service.

2.5 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement.

The Contractor will meet with the Contracting Officer Representative (COR) and IHS officials within seven days of the contract award to become acquainted with the IHS staff, review the Performance Work Statement (PWS), discuss timelines and deliverables, and to begin initial planning. The Contractor and COR will hold kick-off meetings at the beginning of each option year of the contract to revisit and make adjustments (if necessary) to the comprehensive action plan, quality assurance plan, communications plan, evaluation plan, and project plan, to discuss ongoing tasks in the PWS, and deliverables for each option year.

2.6 Personnel Administration

The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees and maintain adequate infrastructure to support contract tasks.

2.7 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the CO and COR.

2.8 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, licensure/certification, and experience. The contractor will maintain accreditation for telehealth services by a nationally recognized accreditation organization. The contractor shall ensure the labor categories and labor rates utilized for the performance under the awarded contract will be maintained throughout the performance period.

The Great Plains Area Regional Drug Dependency Unit has the right to limit or terminate services when permanent staff are hired or the medical staff is fully staffed with permanent Federal employees.

2.9 Location and Hours of Work

Accomplishment of the results contained in this PWS requires work at various Government (IHS) facilities. Normal workdays are Sunday through Saturday. Assignments will require shifts of no less than eight (8) hours and no more than twelve (12) hours. These shifts may rotate any time during the twenty-four (24) hour period for a total of 80-84 hours in a two-week period. Holidays and weekends will be included as part of the 80-84 hour work period. Schedule will be determined by the SSA Supervisor or designee. The Great Plains Area Regional Drug Dependency Unit operates 24 hours/day, 365 days/year typically and staff are expected to be available according to the departmental shift schedule.

The period of performance is award of purchase order for six (6) months.

The Contractor will be responsible for coordinating the logistics of all training to include but not limited to securing a site (with priority given to Federal facilities) for the trainings, payment of non-federal sites, and on-site and web-based registration services.

3. Travel / Temporary Duty (TDY) All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the government (subject to IHS and local policy procedures), and is on a strictly cost reimbursable basis.

Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99- 234 and FAR 31.205-46 Travel Costs (subject to IHS and local policy & procedures; may reference

FAR).

The Contractor will be responsible for coordinating the logistics of all training to include travel, per diem, lodging of non-federal subject matter expert instructors. Travel for training participants will not be covered under this contract.

4. Performance Requirements

Contractor shall provide non-professional staff to provide direct patient care and services and assist therapeutic staff as needed with facilitated programing.

The non-professional staff members may include:

• Certified Nurse Assistant (CNA)

• Medical Support Assistant (MSA)

To maintain continuity, Contractor will provide, when possible, access to the same nonprofessionals for patients with behavioral, mental health and medical needs.

The Contractor will document on all observations and assessments conducted on an hourly basis during their shift.

All patients shall be assured of their privacy and personal dignity. The Contractor shall also ensure that contract providers maintain open and professional communication with IHS staff, including a willingness to receive telephone and electronic communications from administration, therapist, nursing, and supervisory cook in order to optimize coordination of patient care.

4. EHR/Health Records:

The Contractor will be required to utilize the facility Electronic Health Record (EHR) for all patient encounter documentation. The contractor shall complete all documentation required by the Health Information management department (HIM). This includes completing all coding and purpose of visit diagnoses.

All medical records must meet acceptable standards as determined by the hospital’s Performance Improvement (PI) department and the Health Information Management (HIM) Department. All Contract staff are expected to complete all EHR patient encounter notes, Purposes of Visits (POV) and medical levels on every patient and in a timely manner. Medical record deficiencies can seriously impact the ability of the GPARDDU to bill alternate resources. Therefore, any significant medical deficiencies may prevent processing of final purchase orders. If this situation occurs the Area Office contracting office and contracting company shall be promptly notified in order to quickly rectify.

6. Knowledge Required:

The Nursing assistant and medical support assistant:

Ability to collect, organize, record and communicate, in a meaningful way, data relevant to behavioral health and medical assessments.

Ability to identify medical conditions that warrant medical treatment and when notify the nurse and complete a transfer of a patient to higher level of care hospital facility for indicated medical care.

Ability to assess the physical-psychosocial health status of patients and family based upon the knowledge of growth and development patterns and health conditions that require medical management.

Knowledge of pharmaceuticals in order to recognize the desired effects, side effects and complications of their use.

Knowledge of human behavior during stressful situations in order to exercise emotional control, tact, patience and reliability in providing urgent patient care.

Ability to provide individual and family counseling, guidance, and health instruction to help patients to understand how to prevent disease and maintain good physical and mental health.

7. Qualifications:

Must be able to pass a background per IHS regulation and requirements.

7.1 General

Contractor will provide health care staff with the following

7.1.a. Certified Nurse Assistant: Must have training and At least 24 months of direct patient care experience within the last 48 months. Certification in BLS/CPR/AED. Must have or obtain cultural sensitivity training (Native American a plus). Must have proof of vaccinations and all health requirements set forth by Indian Health Services including but not limited to a PPD, flu, Covid, MMR and Hep B. Must be able to physically complete all trainings and requirements set forth by Indian Health Service and Great Plains Area Drug Dependency Unit.

7.1.b. Medical Support Assistant: Must have training and At least 24 months of direct patient care experience within the last 48 months. Certification in BLS/CPR/AED. Certification in BLS/CPR/AED. Must have or obtain cultural sensitivity training (Native American a plus). Must have proof of vaccinations and all health requirements set forth by Indian Health Services including but not limited to a PPD, flu, Covid, MMR and Hep B. Must be able to physically complete all trainings and requirements set forth by Indian Health Service and Great Plains Area Drug Dependency Unit.

7.2. Upon contract award, the contractor shall ensure an adequate level of staffing is organized to meet the requirements and all contractor staff’s (e.g., security clearance, computer security training, and any degrees and/or certifications, etc.) are current.

Performance Standards

1) Timely

a. Staff schedule shall be provided in accordance with the deliverables schedule in accordance with subsection 4.1 – Deliverables Schedule.

2) Security Standard

a. All contractor staff shall meet the required minimum standards under Title 42 CFR Part 136 Subpart K. and Title 5 CFR 731.

Deliverables C001 Staffing schedule Report C002 Fingerprints, e-QIP questionnaire and all required accompanying documents

7.3. Upon contract award, the contractor shall ensure all contractor staff meet requirements for being Credentialed in accordance with HHS Regulation and IHS policy. Credentialing shall include, but is not limited to: verification of U.S. licensure, periodic quality assurance review.

Performance Standards

1) Credentialing

a. Health care staff shall be fully credentialed in the specialty they practice in.

2) Quality Assurance Reviews

a. No delinquent Quality Assurance Reviews

3) Credential Standard

a. All credentials shall be issued by accredited institutions in the United States and subject to Prime Source Verification. The contractor will make available their credentialing policy and procedures for review by IHS after which time IHS may decide to offer or decline privileging by proxy.

D001 Credentialing Report D002 Quality Assurance Reviews

7.4. The Contractor shall provide adequate level of training to the IHS staff to successfully support the Great Plains Area Regional Drug Dependency Unit services.

Performance Standards

1) Timely

a. Contractor will schedule regular, ongoing training regarding the staff members specialty.

2) Materials

a. Contractor will develop and/or provide enduring training materials in the form of recorded video or online learning modules in appropriate formats consistent with current technology and accessibility standards.

b. Contractor will guide and assist with the development of IHS-approved standardized protocols

3) Evaluation

a. Training plans and materials will be provided at the request of IHS and are subject to review and approval by IHS no less than annually.

E001 Training Agenda & Schedule E002 Training Materials

F001 Published Schedule and Contact Information F002 Monthly and Annual Report of Complaints F003 Chart or Quality Assurance Review Reports

7.5. The Contractor shall ensure an adequate level of staffing to meet the requirements and that all contractor staff’s credentials (e.g., security clearance, computer security training, and degrees and/or certifications, etc.) are current and approved within either IHS or nationally recognized accreditation standards

1) Credential continuity maintenance

a. Contractor staff shall meet all federal, HHS and IHS rules, regulations, and policies regarding security, protected information, etc.

b. There shall be no lapse involving contract staff security credentials or training.

2) Service availability

a. Services shall be adequately staffed with required security clearance status at all time.

b. Immediate action shall be taken to remove unsuitable/ineligible staff from services and replacement of the staff shall be made within 24 hours with appropriately cleared staff.

3) New Credentials

a. All required documentation required for security clearance process shall be submitted at least 30 days prior to the subject staff’s performance start date.

Deliverables G001 Report on contractor staff’s security and training status G002 Reports of service lapses.

7.6. The Contractor shall ensure all contractor staff communicate and coordinate effectively and efficiently with the originating site staff.

Performance Standards

1) Communication

a. No more than two substantiated complaints related to communication within a year.

2) Adverse Events

a. No more than one substantiated adverse patient event within a year due to communication errors.

I001 Annual Report of Staff Complaints I002 Site-Specific Reports of Adverse Events

7.7. The Contractor shall ensure all contractor staff are culturally sensitive and appropriate.

1) Training Provides evidence of training in cultural sensitivity/competence

a. All contractor staff shall take one hour of CME/CE training on cultural sensitivity/competence each year.

2) Customer Service

a. No more than two substantiated complaints from patient or staff related to culture sensitivity/competence within a year

J001 Annual Training Report J002 Annual Report of Patient & Staff Complaints

8. Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

9. Security and Safety Contractor staff will be required to follow the procedures for obtaining a full Federal background investigation and preliminary clearance. No 3rd party investigation is allowed. In order to obtain a Personal Identity Verification (PIV) card, contractor staff shall complete and pass a Federal background investigation conducted by the Office of Personnel Management. IHS will process the investigations through the Office of Personnel Management on all contractor staff.

Processing of PIV cards shall be completed by the Great Plains Area HSPD-12/Suitability Office in conjunction with the physical locations throughout IHS and HHS that have PIV card stations. The contractors will be required to be physically present at one of the HSDP-12 enrollment and issuance workstations to obtain a PIV card. Biometric identification is required.

Each contractor shall complete each of the requirements below and receive pre-employment clearance from IHS prior to performing services under this contract:

1) Fingerprints must be captured electronically at a HHS enrollment workstation or via hard-copy card then sent to the Great Plains Area (GPA) for digital processing;

2) The OF-306, Declaration for Federal Employment, shall be completed;

3) The Addendum to the OF-306, shall be completed;

4) e-QIP Information request must be turned into the HSPD-12/Suitability Office;

5) The e-QIP questionnaire must be fully and accurately submitted; and

6) The contractor must be enrolled for a PIV card at a HHS HSPD-12 enrollment workstation.

Upon receipt of the card, the contractor must activate it at a HHS HSPD-12 card issuance workstation.

The Contractor shall ensure that the employees it proposes for work under this contract have a reasonable chance for approval. If at any point during the investigation process a contractor staff is deemed ineligible or found to have other than favorable suitability, the individual must be removed from providing services under this contract.

The Government may investigate personnel at no cost to the Contractor. However, multiple investigations for the same position due to contractor personnel’s employment change, termination or consequent re-investigations within one (1) year period, will lead to the reduction in the contract price of no more than the cost of the additional investigation.

10. Reporting The contractor shall follow the reporting plan submitted as part of the proposal and keep the Government fully informed of status throughout the contract period. Throughout the contract periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission. All reports generated under the scope of the contract shall be Section 508 compliant.

11. The Contractor shall provide bi-annual status reports to the COR to include:

Staffing patterns:

• Any official complaints

• Any adverse outcomes

12. Annual Performance Report

The Contractor shall provide to the COR, annual performance reports that include but are not limited to project plan status and accomplishments, fiscal accountability, evaluation data, sub- Contractor performance reports (if applicable) and a Contractor self-evaluation report. The Contractor shall provide a written outline of the annual report to the COR for approval according to the deliverable schedule. The annual reports shall be delivered by e-mail and postal service according to the deliverable schedule before the end of the contract period. The annual report shall be discussed at the kick-off meeting.

K001 Bi-Annual Status Report K002 Annual Performance Report

13. Storage and Disposition of Materials Disposition of any national training and marketing materials will be determined in the kick-off meeting. Storage should be available as soon as national materials are generated. A disposition schedule will be discussed with the COR during the kick-off meeting.

14. Correspondence and Conference Calls The Contractor shall provide weekly updates and correspondence as determined necessary by the COR or GPA CMO. The weekly conference call schedule may be adjusted as determined by the

COR.

15. Deliverables The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the Government.

BID SCHEDULE

CERTIFIED NURSING ASSISTANT (CNA)

and

MEDICAL SUPPORT ASSISTANT (MSA)

Great Plains Area Indian Health Service Regional Drug and Dependency Unit

Winnebago, Nebraska

Period of Performance: Award of purchase order for six (6) months Two (2) Certified Nursing Assistant (CNA) and Two (2) Medical Support Assistant (MSA) to work according the scheduled provided by Director of Nursing (DON):

Item No: DESCRIPTION QUANTITY UOM UNIT PRICE TOTAL COST

1. Certified Nursing Assistant: 1920 HRS $___________ $____________ Two (2) CNA’s

Certified Nurse Assistant: 40 hours per week x 4 weeks/month x 6 months= 960 hours / CNA x 2 CNAs= 1,920 hours

2. Medical Support Assistant: 1920 HRS $____________ $____________

Two (2) MSA’s Medical Support Assistant: 40 hours per week x 4 weeks/month x 6 months= 960 hours / MSA x 2 MSAs= 1,920 hours

The Vendor is to remember this is an:

“ALL INCLUSIVE COST”.

The quoted unit pricing must be “all-inclusive cost”; to include to travel, lodging, per diem, fringe benefits, i.e.; life insurance, health insurance, Medicare, social security, all applicable federal, state and local taxes (contact the local TERO Office to see if taxes are applicable).

No Differential pay, No Holiday pay, or No Overtime pay this must be included in the “All Inclusive” Cost Per Hour. Plus, all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Combined Grand Total: $__________________________________

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Service-Commercial Items)

FAR CITATION: 52.252-1: Solicitation Provision Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://arnet.gov/far/index.html.

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 address(es): http://arnet.gov/far/index.html

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

No. FAR Citation Clause Title Clause Date

1.

52.202-1

Definitions

June 2020

2. 52.203-3 Gratuities April 1984

3. 52.203-12 Limitation on Payments to Influence Certain June 2020 Federal Transactions

4. 52.204-13 System for Award Management Maintenance October 2018

5. 52.204-9 Personal Identify Verification of Contractor January 2011 Personnel

6. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

7. 52.204-19 Incorporation by Reference of Representations December 2014 and Certifications

8. 52.212-4 Contract Terms and Conditions-Commercial Items December 2022 Items

9. 52.217-8 Option to Extend Services November 1999

10. 52.224-1 Privacy Act Notification April 1984

11. 52.224-2 Privacy Act April 1984

12. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

13. 52.232-40 Providing Accelerated Payments to Small November 2021 http://arnet.gov/far/index.html http://arnet.gov/far/index.html

Business Subcontractors

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

15. 52.237-7 Indemnification and Medical Liability Insurance April 1984

16. 52.253-1 Computer Generated Forms January 1991

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

No. FAR Citation Clause Title Clause Date

1.

52.204-21

Basic Safeguarding of Covered Contractor

November 2021

Information Systems

2.

3.

52.212-2

52.212-3

Evaluation-Commercial Products and Commercial Services

Offer Representation and Certifications-Commercial Items

November 2021

December 2022

4. 52.212-5 Contract Terms & Conditions Required to

Implement Statues or Executive Orders- Commercial Items

December 2022

5.

6.

7.

52.216-18

52.217-9

52.223-99

Ordering

Option to Extend the Term of the Contract

Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

August 2020

March 2000

October 2021

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903 , insert the following clause:

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions . As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such https://www.acquisition.gov/far/part-4#FAR_4_1903 as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data , or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment , and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system . (End of clause)

52.212-2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Bases of award: Lowest Price, Technically Acceptable – LPTA; factors determining the successful contractor.

The Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate quotations utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers. Offers will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either “acceptable” or “unacceptable”. The Government intends to evaluate and make award without discussion with the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror’s quotations will be made. For those offeror’s which are determined to be technically acceptable, award will be made to that vendor with the lowest overall prices.

The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three subfactors: 1.) Meeting all areas in the SOW; 2.) Price is Fair and Reasonable; and 3) Responsiveness to requirements.

1) Must provide the items stated in the SOW and must provide requirements posted in solicitation.

2) Price: Price is Fair and Reasonable. Must complete Bid Schedule for all line items and will be evaluated as to completeness and reasonableness. The offeror with the lowest technically acceptable prices represents the best value for the Government.

3) Responsiveness to requirements.

(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 following factors shall be used to evaluate offers:

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/15.304#FAR_15_304 https://www.acquisition.gov/far/15.304#FAR_15_304

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110- 174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

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

Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

Small business concern—

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

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

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-121

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

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

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

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

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

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

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

(i) It □ is, □ is not a small business concern; or https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201 https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/19.000#FAR_19_000

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

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

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

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

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

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that– https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1)…