RFQ-24-082 - Solid Waste - PR.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355). This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Non-Personal Service

Type, Commercial Item, Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract in response to Request for Quote (RFQ) RFQ-24-082.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04/05-01-2024.

D. This RFQ is issued as 100% Small Business, Buy-Indian, Set-Aside, and the associated NAICS Code is 562111, which has a small business standard of $47.0.

E. The contract resulting from this solicitation is an ID/IQ Contract. An ID/IQ Contract does NOT obligate any funds. Funds will be obligated prior to starting performance through the issuance of Task Orders. Orders may be submitted electronically.

F. The unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

See attached Price Schedule.

1. Base Year: June 1, 2024 thru May 31, 2025: 52 weeks @ $__________per week, totaling $____________.

2. Option Year 1: June 1, 2025 thru May 31, 2026: 52 weeks @ $__________per week, totaling $____________.

3. Option Year 2: June 1, 2026 thru May 31, 2027: 52 weeks @ $__________per week, totaling $____________.

4. Option Year 3: June 1, 2027 thru May 31, 2028: 52 weeks @ $__________per week, totaling $____________.

5. Option Year 4: June 1, 2028 thru May 31, 2029: 52 weeks @ $__________per week, totaling $____________.

G. To provide Solid Waste Management Services.

H. See attached Statement of Work. Services will be provided for the Pine Ridge Indian Health Service, 607 Inidan

Health Road, East HWY 18, Pine Ridge, South Dakota. The period of performance will be June 1, 2024 through May 31, 2025 with Four (4) Option Years.

I. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (September 2023).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number RFQ-24-082.

2. Closing Date: May 28, 2024 at 12:00 pm CST

3. Name, address and telephone number of company and email address of contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary.

5. Terms of any express warranty, if applicable

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 (if any issued)

10. Statement stating ability to meet qualifications and the requirements of the Statement of Work

11. 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)

12. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

In addition, Contractors shall provide the following:

• Shall meet the Scope and Description of Work in the Statement of Work and provide copies of the required documents (if needed).

• Copy of Diplomas/Specialty Certifications, if applicable

Basis of award is Lowest Price, Technically Acceptable “LPTA” bid package. All of the above is required in order to be considered technically acceptable (See Instructions to Offerors).

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and Commercial Services (February 2024) See attachment for full text. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (November 2023) – See attachment; in by reference.

L FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services (February 2024) - See attachment for full text.

M. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation

(HHSAR) clauses that are applicable including below.

N. Offers will be accepted electronically, Submit via e-mail to the following:

Great Plains Area Indian Health Service Attn: Wenda Wright, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 email wenda.wright@ihs.gov

Questions in regards to this solicitation shall be submitted in writing by email no later than May 23, 2024, 12:00pm CST. Contractors will need a UEI number, TIN number, and be registered with www.sam.gov.

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 30 days from the date of receipt by the Government.

Quotation must set forth full, accurate and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date referenced. All required information must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusions List at http://exclusions.org.hhs.gov throughout the duration of the contract.

Contractor must be registered with the System for Award Management (SAM) at www.sam.gov

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

https://www.sam.gov/portal mailto:wenda.wright@ihs.gov http://exclusions.org.hhs.gov/ http://www.sam.gov/

Invoice Processing Platform (IPP) In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

PRICE SCHEDULE

GREAT PLAINS AREA INDIAN HEALTH SERVICE

Solid Waste Collection and Disposal, Pine Ridge, Kyle, Wanblee, and LaCreek District, South Dakota

BASE YEAR:

ITEM # DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Solid Waste Collection – Pine Ridge Hospital, Hospital Housing Units (92), IHS Public Health Nursing, IHS Security, and IHS 19-Unit Apartment

52 (Hospital) (Housing Units)

52 (PHN)

52 (Security)

52 (Unit Apartment)

WK

WK

WK

WK

WK

TOTAL $ ___________

2. Solid Waste Collection –

Kyle IHS Health Center, IHS

Housing Units

(24), IHS

Wellness Center, IHS Four Directions

Clinic, and IHS Administration

Building

52 (Health Center)

(Housing Units)

52 (Wellness Center) 52 (Four

Directions Clinic)

52 (Admin Bldg)

WK

WK

WK

3. Solid Waste

Wanblee IHS Health Center, IHS Housing Units (5), and IHS Trailer

House

52 (Health Center)

(Housing Units)

52 (Trailer House)

4. Solid Waste

LaCreek IHS District Clinic

52 (District Clinic)

WK $ ___________ $ ___________

GRAND TOTAL FOR BASE YEAR: $ ___________

OPTION YEAR ONE (1):

UNIT OF

ISSUE

UNIT COST TOTAL COST

5. Solid Waste Collection – Pine Ridge Hospital, Hospital Housing Units (92), IHS Public Health Nursing, IHS

Security, and IHS 19-Unit

Apartment

52 (Hospital) (Housing Units)

52 (PHN)

52 (Security)

52 (Unit Apartment)

WK

WK

WK

WK

WK

6. Solid Waste Collection – Kyle

IHS Health Center, IHS

Housing Units

(24), IHS

Wellness Center, IHS Four

Directions Clinic, and IHS

Administration Building

52 (Health Center)

(Housing Units)

52 (Wellness Center) 52 (Four

Directions Clinic)

52 (Admin Bldg)

WK

WK

7. Solid Waste

Wanblee IHS Health Center, IHS Housing

Units (5), and IHS Trailer House

52 (Health Center)

(Housing Units)

8. Solid Waste

LaCreek IHS District Clinic

52 (District Clinic)

WK $ ___________ $ ___________

GRAND TOTAL FOR OPTION YR

ONE (1):

OPTION YEAR TWO (2):

UNIT OF

ISSUE

UNIT COST TOTAL COST

9. Solid Waste Collection – Pine Ridge Hospital, Hospital Housing Units (92), IHS

52 (Hospital) (Housing Units)

52 (PHN)

52 (Security)

WK

WK

WK

WK

Public Health Nursing, IHS

Security, and IHS 19-Unit

Apartment

52 (Unit Apartment)

WK $ ___________ $ ___________

10. Solid Waste

IHS Health Center, IHS

Housing Units

(24), IHS

Wellness Center, IHS Four

Directions Clinic, and IHS

Administration Building

52 (Health Center)

(Housing Units)

52 (Wellness Center) 52 (Four

Directions Clinic)

52 (Admin Bldg)

WK

WK

11. Solid Waste

Wanblee IHS Health Center, IHS Housing

Units (5), and IHS Trailer House

52 (Health Center)

(Housing Units)

FO TOTAL $ ___________

12. Solid Waste

LaCreek IHS District Clinic

52 (District Clinic)

WK $ ___________ $ ___________

GRAND TOTAL FOR OPTION YR

TWO (2):

OPTION YEAR THREE (3):

UNIT OF

ISSUE

UNIT COST TOTAL COST

13. Solid Waste Collection – Pine Ridge Hospital, Hospital Housing Units (92), IHS Public Health Nursing, IHS

Security, and IHS 19-Unit

Apartment

52 (Hospital) (Housing Units)

52 (PHN)

52 (Security)

52 (Unit Apartment)

WK

WK

WK

WK

WK

14. Solid Waste

IHS Health Center, IHS

Housing Units

(24), IHS

Wellness Center, IHS Four

Directions Clinic, and IHS

Administration Building

52 (Health Center)

(Housing Units)

52 (Wellness Center) 52 (Four

Directions Clinic)

52 (Admin Bldg)

WK

WK

15. Solid Waste

Wanblee IHS Health Center, IHS Housing

Units (5), and IHS Trailer House

52 (Health Center)

(Housing Units)

16. Solid Waste

LaCreek IHS District Clinic

52 (District Clinic)

WK $ ___________ $ ___________

GRAND TOTAL FOR OPTION YR

THREE (3):

OPTION YEAR FOUR (4):

UNIT OF

ISSUE

UNIT COST TOTAL COST

17. Solid Waste Collection – Pine Ridge Hospital, Hospital Housing Units (92), IHS Public Health Nursing, IHS

Security, and IHS 19-Unit

Apartment

52 (Hospital) (Housing Units)

52 (PHN)

52 (Security)

52 (Unit Apartment)

WK

WK

WK

WK

WK

18. Solid Waste

IHS Health Center, IHS

Housing Units

(24), IHS

Wellness Center, IHS Four

52 (Health Center)

(Housing Units)

52 (Wellness Center)

WK

WK

Directions Clinic, and IHS

Administration Building

52 (Four Directions

Clinic) 52 (Admin Bldg)

19. Solid Waste

Wanblee IHS Health Center, IHS Housing

Units (5), and IHS Trailer House

52 (Health Center)

(Housing Units)

20. Solid Waste

LaCreek IHS District Clinic

52 (District Clinic)

GRAND TOTAL FOR OPTION YR

FOUR (4):

GRAND TOTAL

FOR BASE + ALL FOUR (4) OPTION YEARS: $ _______________________

TECHNICAL PROVISIONS – SOLID WASTE MANAGEMENT – 1

STATEMENT OF WORK

SOLID WASTE MANAGEMENT SERVICES CONTRACT

INDIAN HEALTH SERVICE

PINE RIDGE SERVICE UNIT

1. Introduction

This specification defines requirements for developing contracts for solid waste management services to serve Indian Health Service medical facilities and housing quarters. The Pine Ridge Service Unit currently has a 638 contract with the Oglala Sioux Tribe (OST) Solid Waste department for disposal of solid waste. The OST bale fill is not required to be utilized; however, it may be utilized as the disposal area for this requirement as long as the OST bale fill remains compliant with section 2 below. The contractor will be responsible for utilizing an alternate compliant landfill or disposal method if the OST bale fill becomes non-compliant during the course of this requirement.

2. Compliance

A. Disposal at Municipal Solid Waste Landfills: Documentation must be provided to prove that all solid waste collected from IHS facilities was properly disposed at municipal solid waste landfills (MSWLFs). All MSWLFs must comply with the federal regulations in 40 CFR Part 258 (Subtitle D of RCRA), or equivalent state or Tribal regulations. Federal MSWLF standards include but are not limited to:

1. Location restrictions ensure that landfills are built in suitable geological areas away from faults, wetlands, flood plains, or other restricted areas.

2. Liner requirements include a flexible membrane (geomembrane) overlaying two feet of compacted clay soil lining the bottom and sides of the landfill to protect groundwater and the underlying soil from leachate releases. Landfills utilizing EPA approved liner variances shall be considered.

3. Leachate collection and removal systems constructed on top of the composite liner and removes leachate from the landfill for treatment and disposal.

4. Operating practices include compacting and covering waste daily with several inches of soil to help reduce odor; control litter, insects, and rodents; and protect public health.

5. Groundwater monitoring requirement requires testing groundwater wells to determine whether waste materials have escaped from the landfill.

6. Closure and post closure care requirements include covering landfills and providing long-term care of closed landfills.

7. Corrective action provisions control and clean up landfill releases to achieve groundwater protection standards.

8. Financial assurance provides funding for environmental protection during and after landfill closure (i.e., closure and post closure care).

TECHNICAL PROVISIONS – SOLID WASTE MANAGEMENT – 2

B. Storage and Collection of Residential, Commercial, and Institutional Solid Waste: All storage and collection activities must comply with the federal regulations and guidelines in 40 CFR Part 243 (Subtitle D of RCRA), or equivalent state or Tribal regulations.

Standards must include but are not limited to:

1. Storage:

(a) All solid wastes shall be stored in such a manner that they do not constitute a fire, health, or safety hazard or provide food or harborage for vectors, and shall be contained or bundled so as not to result in spillage.

(b) All solid waste containing food wastes shall be securely stored in covered or closed containers which are nonabsorbent, leak-proof, durable, easily cleanable (if reusable), and designed for safe handling.

(c) Containers shall be of an adequate size and in sufficient numbers to contain all food wastes, rubbish, and ashes that a residence or other establishment generates in the period of time between collections. Containers shall be maintained in a clean condition so that they do not constitute a nuisance, and to retard the harborage, feeding, and breeding of vectors.

(d) When serviced, storage containers should be emptied completely of all solid waste.

2. Operations:

(a) All solid waste collection personnel should receive instructions and training in safe container and waste handling techniques, and in the proper operation of collection equipment.

(b) Personal protective equipment such as gloves, safety glasses, respirators, and footwear should be used by collection employees, as appropriate. This equipment should meet the applicable provisions of the Occupational Safety and Health Administration Standards for Subpart I-- Personal Protective Equipment (29 CFR

1910.132 through 1910.137).

(c) Scavenging should be prohibited at all times to avoid injury and to prevent interference with collection operations.

(d) When conducting carryout collection, a leak proof and puncture-proof carrying container should be used to minimize the potential for physical contact between the collector and the solid waste or the liquids which may derive from it.

3. Collection:

(a) Solid waste should not be allowed to remain in collection vehicles over 24 hours and should only be left in a vehicle overnight when this practice does not constitute a fire, health, or safety hazard.

(b) Solid wastes shall be collected with frequency sufficient to inhibit the propagation or attraction of vectors and the creation of nuisances. Solid wastes which contain food wastes shall be collected at a minimum of once during each week.

TECHNICAL PROVISIONS – SOLID WASTE MANAGEMENT – 3

(c) The collection of solid wastes shall be conducted in a safe, efficient manner, strictly obeying all applicable traffic and other laws. The collection vehicle operator shall be responsible for immediately cleaning up all spillage caused by his operations, for protecting private and public property from damage resulting from his operations, and for creating no undue disturbance of the peace and quiet in residential areas in and through which he operates.

(d) Records should be maintained detailing all costs (capital, operating, and maintenance) associated with the collection system. These records should be used for scheduling maintenance and replacement, for budgeting, and for system evaluation and comparison.

(e) The collection system should be reviewed on a regular schedule to assure that environmentally adequate, economical, and efficient service is maintained.

(f) Solid waste collection systems should be operated in a manner designed to minimize fuel consumption.

3. General Contract Specifications

A. Scope: The contractor shall provide all labor, equipment, supplies, materials, and incidentals, except as otherwise noted herein, necessary for the collection, transfer and disposal of solid wastes from those areas listed for the period of twelve (12) months for the base year with four (4) option year renewals from date of award.

B. Description of Work: The work covered by these specifications consists of furnishing all necessary equipment, labor, supervision, and materials for performing all operations necessary for the collection, transportation, and disposal of all refuse specified in this contract, complete and in accordance with these specifications and subject to the terms and conditions of the contract.

1. The Pine Ridge IHS Hospital currently has a 3CY stationary compactor with two 30 CY octagon bins configured for a hook truck.

2. The Pine Ridge IHS 19 Unit Apartment building has a 10 CY dumpster.

3. The Kyle IHS Health Center currently has a CRAM-A-LOT 4-6YD EXPRESS

PAK compactor with a 6CY, rear load, container.

4. The contractor shall return the Pine Ridge 30 CY bin within 24 hours of dumping.

The contractor shall empty and replace the Kyle 6 CY container. The contractor shall be responsible for loss or damage of government furnished containers.

5. Wanblee Health Center will require a dumpster provided by the contractor.

6. All other locations will require containers, no less than 90 gallons each, provided by the contractor.

C. Location: This contract is to be performed in accordance with approved routes between the IHS facilities and the respective landfills, including:

Pine Ridge IHS Hospital Pine Ridge IHS North Housing (37) Pine Ridge IHS South Housing (57)

Pine Ridge IHS Public Health Nursing

TECHNICAL PROVISIONS – SOLID WASTE MANAGEMENT – 4

Pine Ridge IHS Security Pine Ridge IHS 19 Unit Apartment Kyle IHS Health Center

Kyle IHS Housing (24) Kyle IHS Wellness Center Kyle IHS Four Directions Clinic Kyle IHS Administration Building Wanblee IHS Health Center

Wanblee IHS Housing (5) Wanblee IHS Trailer House LaCreek District IHS Clinic, Martin, SD o One (2yd) Container with once a week service.

D. Performance of Work: Refuse collection and disposal will be conducted in conformity with applicable regulations to provide satisfactory protection of property and the environment. These regulations include, but are not limited to the Resource Conservation and Recovery Act (RCRA), The Federal Facilities Compliance Act, 40 CFR Part 257 Classification of Solid Waste Disposal Facilities and Practices, and 40 CFR Part 258 Criteria for Municipal Solid Waste Landfills.

E. Supervision: The contractor will provide competent supervision at all times when work is in progress. The contractor is responsible for scheduling and coordinating various trade activities. The contractor is responsible for assuring that all work accomplished and materials used are in accordance with the specifications.

F. Contractor-Furnished Equipment and Collection Containers:

1. The contractor will provide all necessary equipment required for performing the contract.

2. All of the contractor’s equipment will be equipped with proper safety and noise-limiting devices and will be in safe operating condition.

3. Only qualified operators will be permitted to operate equipment.

G. Applicable Publications, Laws, and Regulations: Unless specifically exempted by these specifications, all work accomplished under this contract will conform to the requirements of all applicable Federal, Tribal, state and local regulations pertaining to environmental protection and occupational safety and health.

H. Inspection: All work performed, the methods and manner of performance, all areas assigned for use by the contractor, and all equipment, materials, and supplies used for the work, will be subject to inspection at any and all times by the contracting officer’s authorized representatives. All notices of unsatisfactory conditions or services will be issued in writing to the contractor by the contracting officer.

I. Collection of Waste:

TECHNICAL PROVISIONS – SOLID WASTE MANAGEMENT – 5

1. Points of collection: The points of collection for pickup of waste by the contractor will be as shown on the accompanying maps. Any increase or decrease in the number of points may be cause for adjusting contract cost.

2. Schedule of Operation: The contractor will establish a schedule of proposed operations. This schedule will govern the days and time of day collections will be made. The schedule will be subject to change, provided the proposed modification contributes toward a more satisfactory service for the government. The schedule and modifications thereof must meet the contracting officer’s approval.

3. Hours of Operation: The contractor shall confine his operations to daylight hours commencing not earlier than 7:00 am and continuing not later than 7:00 pm unless otherwise approved by the Contracting Officer.

J. Transportation: All waste shall be transported from the collection point to the disposal area in closed packer-type bodies mounted on suitable trucks approved for hauling waste.

Transportation equipment shall be in acceptable sanitary condition. Transportation equipment shall not exceed maximum weight limit restrictions.

K. Containers:

1. Containers provided by the contractor shall be consistent with the best practices of the industry and compatible with the contractor’s collection equipment.

2. Each collection station and adjacent area will be left free of loose waste at the end of each regularly scheduled collection. Waste placed at the collection station in sacks, cartons, cans, or boxes will be removed by the contractor in the same manner and time as if it were placed in the regularly provided containers.

3. Containers which, in the opinion of the contracting office become unserviceable will be replaced with new or serviceable units.

4. The contractor will thoroughly clean and wash all containers and lids as necessary to maintain sanitary conditions. At a minimum, biannual sanitizing to control odor and infestation risks shall be performed on all waste receptacles. Contractor may use water located at the Hospital to clean containers as long as the area is left free of debris, waste, or odors. Contractor must obtain permission with at least 24 hours notice to ensure loading dock operations are not hampered.

L. Vehicles: Only trucks specially designed for collecting waste and of type approved by the contracting officer will be used. The cost of maintenance and repair of the contractor –owned vehicles will be the sole responsibility of the contractor.

M. Reports: Documentation must be provided to prove that all solid waste collected from IHS facilities was properly disposed at municipal solid waste landfills (MSWLFs).

Documentation shall be in the form of an approved bill of lading procedure with tipping fee receipts, and/or equivalent process as proposed by the contractor and approved by the contracting officer.

TECHNICAL PROVISIONS – SOLID WASTE MANAGEMENT – 6

N. Submittals:

1. The contractor shall include procedures and methods for: garbage disposal, protection of affected adjacent areas, operating on occupied facilities, MSDS sheets for chemicals to be used for cleaning and insect/rodent control.

2. Provide a comprehensive statement of the scope and purpose of the project.

Include a detailed description of the proposed work involved to accomplish the objectives of the statement of work. Include either by chart or narrative: reason for subcontracts; estimated time frames for equipment delivery; proposed collection schedule for each location; proposed receptacle maintenance schedule for cleaning and insect/rodent control.

3. Provide the name, location and proof of EPA certification for the landfill and alternate landfill to be used for disposal. The OST Landfill may be utilized as the disposal area for this requirement as long as the OST Landfill remains compliant with RCRA. The contractor will be responsible for utilizing an alternate compliant landfill or disposal method if the OST Landfill becomes non-compliant during the course of this requirement.

4. The total price for contract shall be itemized and include: dumpster rental, dumpster maintenance, collection charges, disposal fees, TERO fees and/or tipping fees.

LaCreek Clinic

119 South 1st Ave

Martin, SD 57551

US Highway 18

Fire Hall

LaCreek Clinic

CLAUSES INCORPORATED BY REFERENCE

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

FAR CITATION: 52.252-2: Clauses Incorporated by Reference. (FEB 1998) 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. 52.203-17 Contractor Employee Whistleblower Rights June 2020 And Requirement to Inform Employees of Whistleblower Rights

5. 52.204-4 Printed or Copied Double-Sided on May 2011 Postconsumer Fiber Content Paper

6. 52.204-7 System for Award Management October 2018

7. 52.204-9 Personal Identity Verification of Contractor January 2011 Personnel

8. 52.204-13 System for Award Management Maintenance October 2018

9. 52.204-16 Commercial and Government Entity Code August 2020 Reporting

10. 52.204-17 Ownership of Control of Offeror August 2020

11. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

12. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications

13. 52.209-2 Prohibition on Contracting with Inverted November 2015 Domestic Corporation – Representation

14. 52.212-1 Instructions to Offerors - Commercial Products September 2023 and Commercial Services

15. 52.212-4 Contract Terms and Conditions November 2023

- Commercial Products and Commercial Services

16. 52.225-25 Prohibition on Contracting With Entities June 2020

Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

17. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

18. 52.232-40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

19. 52.237-1 Site Visit April 1984

20. 52.237-2 Protection of Government Buildings April 1984 Equipment, and Vegetation

21. 52.242-13 Bankruptcy July 1995

22. 52.242-15 Stop-Work Order August 1989

23. 52.246-25 Limitation of Liability-Services February 1997

24. 52.247-34 F.o.b. Destination November 1991

25. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204-24 Representation Regarding Certain November 2021 Telecommunications and Video Surveillance Services or Equipment

2. 52.212-3 Offerors Representations and Certifications February 2024 Commercial Products and Commercial Services (See attached)

3. 52.212-5 Contract Terms and Conditions Required To February 2024 Implement Statues or Executive Orders – Commercial Products and Commercial Services (See attached)

4. 52.216-18 Ordering October 1995

5. 52.216-19 Ordering Limitations October 1995

6. 52.217-8 Option to Extend the Services November 1999

7. 52.217-9 Option to Extend the Term of the Contract March 2000

8. 52.232-18 Availability of Funds April 1984

9. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

10. 52.233-2 Service of Protest September 2006

11. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

12. 52.252-2 Clauses Incorporated by Reference February 1998

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph

(v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

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(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 6/1/2024__________ through __5/31/2029__________ [insert dates].

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

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

(End of clause)

52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ___$1,000.00__________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of __$116,805.48___________ [insert dollar figure or quantity];

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(2) Any order for a combination of items in excess of __$117,000.00____________ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within ___365_____ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __30___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

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 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __60___ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60___ days [60 days unless a different number of days is inserted] 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__.

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(End of clause)

52.232-18 Availability of Funds.

As prescribed in 32.706-1(a), insert the following clause:

AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year.

As prescribed in 32.706-1(b), insert the following clause:

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond _5/31/2025_______. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 5/31/2025_____, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.233-2 Service of Protest.

As prescribed in 33.106 , insert the following provision:

SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the GAO.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision) https://www.acquisition.gov/far/part-32#FAR_32_706_1 https://www.acquisition.gov/far/part-32#FAR_32_706_1 https://www.acquisition.gov/far/part-33#FAR_33_106 https://www.acquisition.gov/far/part-33#FAR_33_101

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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.

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):

https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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): https://www.acquisition.gov

III. Department of HHS Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.232-71 Electronic Submission of Payment Requests February 2022

2. HHSAR 352.237-70 Pro-Children Act December 2015

3. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 Child Abuse

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (December 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505 further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

352.226-2 Indian Preference Program.

As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (December 18, 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment;

training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work.