RFQ-CSU-19-028-RDJ_Mobile_Mammography_Services.pdf

RFQ-CSU-19-028-RDJ MOBILE MAMMOGRAPHY SERVICES

The Billings Area – Crow Service Unit, Indian Health Service (IHS) is requesting quotes in response to RFQ-CSU-19-028-RDJ for the Mobile Mammography services for the Crow Service Unit, Crow/Northern Cheyenne Hospital, Lodge Grass Health Center, and Pryor Health Center.

The CSU/IHS will be awarding a fixed price contract to the successful offeror for the services as provided in the scope of work.

This procurement is being conducted under Simplified Acquisition procedures pursuant to the authority of FAR 13.5, Simplified Procedures for Certain Commercial Items; FAR 37.4 - Nonpersonal Health Care Services, in which the contractor is an independent contractor; Part 12.603, Streamlined Solicitation for Commercial Items.

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-02TA. This solicitation is unrestricted. The associated North American Industry Classification System code is 621512 with a small business size standard of $15.0 million.

B.1 PRICE SCHEDULE – 24 clinics per year, at:

Crow/Northern Cheyenne Hospital One Hospital Way Crow Agency, Montana 59022

Lodge Grass Health Clinic 418 Harding Avenue Lodge Grass, Montana 59050

Pryor Health Station 2 Pryor Gap Road Pryor, Montana 59066

Proposals must be all-inclusive inclusive of transportation, meals, insurance, per diem and lodging. Payment will be based on number of patients done

BASE YEAR ONE:

Crow/Northern Cheyenne Hospital 16 clinics $___________ per clinic = $___________

Lodge Grass Health Clinic 4 clinics $___________ per clinic = $___________

Pryor Health Station 4 clinics $___________ per clinic = $___________

Total Base Year One $ _____________

OPTION YEAR ONE:

Crow/Northern Cheyenne Hospital 16 clinics $___________ per clinic = $___________

Lodge Grass Health Clinic 4 clinics $___________ per clinic = $___________

Pryor Health Station 4 clinics $___________ per clinic = $___________

Total Option Year One $ _____________

OPTION YEAR TWO:

Crow/Northern Cheyenne Hospital 16 clinics $___________ per clinic = $___________

Lodge Grass Health Clinic 4 clinics $___________ per clinic = $___________

Pryor Health Station 4 clinics $___________ per clinic = $___________

Total Option Year Two $ _____________

OPTION YEAR THREE:

Crow/Northern Cheyenne Hospital 16 clinics $___________ per clinic = $___________

Lodge Grass Health Clinic 4 clinics $___________ per clinic = $___________

Pryor Health Station 4 clinics $___________ per clinic = $___________

Total Option Year Three $ _____________

OPTION YEAR FOUR:

Crow/Northern Cheyenne Hospital 16 clinics $___________ per clinic = $___________

Lodge Grass Health Clinic 4 clinics $___________ per clinic = $___________

Pryor Health Station 4 clinics $___________ per clinic = $___________

Total Option Year Four $ _____________

B.2 PERIOD OF PERFORMANCE:

Base Year One: September 01, 2019 – August 30, 2020.

Option Year One: September 01, 2020 to August 30, 2021

Option Year Two: September 01, 2021 to August 30, 2022

Option Year Three: September 01, 2022 to August 30, 2023

Option Year Four: September 01, 2023 to August 30, 2024

52.217-9 Option to Extend the Term of the Contract Mar 2000

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed dates of services listed above.

B.3 PURPOSE OF THE CONTRACT:

The purpose of this acquisition is to provide Mobile Mammography examinations for the patients of the Crow Service Unit. The technologist will complete examinations and procedures, which are used in medical diagnosis utilizing stationary/mobile equipment assigned in the Crow/Northern Cheyenne Hospital Radiology Department.

B.4 WORK SCHEDULE:

The contractor shall provide services for the Crow Service Unit at the following locations. This is a tentative schedule and is subject to change.

Crow/Northern Cheyenne Hospital

16 clinics January, February, March (2 clinics), April, May, June (2 clinics), July, August, September (2 clinics), October, November, December (2 clinics)

Lodge Grass Health Clinic

4 clinics January, April, July, October

Pryor Health Station 4 clinics February, May, August, November

Any rescheduling of clinic days or times shall involve consultation with the Contractor by the Government, but shall be at the convenience of the Government. Notification of change must be given at least two (2) weeks prior to the date of change.

When weather and/or road conditions, or failure of equipment (Mobile Unit), prevent scheduled clinical days, it shall be the responsibility of the contractor to notify the Crow Service Unit to allow for patient notifications. The clinical day will be rescheduled to accommodate the Service Unit patients.

The contacts are listed below, in order of importance:

James Reed, Radiology Supervisor, 406-638-3409

Tomi Stewart, Lead Radiology Tech 406-638-3408

Suzanne Iron, Administration Support 406-638-3403

Voice mail messages must be left if none of the IHS employees can be reached directly.

Text messages and emailed messages are acceptable as well.

HOLIDAYS: Federal holidays are observed under this contract. Holidays falling on a weekend will be observed the next or preceding day. If the contractors scheduled clinical day falls on a Federal holiday, the clinical day will be rescheduled to either the day prior or the day after, the Federal Holiday.

B.5 NON-PERSONAL SERVICES CONTRACT:

This procurement is a nonpersonal health care service contract, as defined in FAR 37.101, under which the Contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment).

The Contractor shall indemnify the Government for any liability producing acts or omissions by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The Contractor is required to ensure that its subcontracts for provisions of health care services contain the requirements of the clause at 52.237-7, Indemnification and Medical Liability Insurance (Jan 1997).

B.6 STATEMENT OF WORK (MAJOR DUTIES):

• Provide a mobile digital screening mammogram service for up to 30 patients per day o Crow Service Unit will schedule patients, as well as same day/ walk-in patients.

o Contractor agrees to add-on patients as required with proper paperwork submitted from Crow Service Unit, up to the 30 max per visit.

• Provide an emergency evacuation plan

• Provide all staff as required for full services including licensed motor operator (driver) and registered Mammography technologist

• Include all required technologists credentials

• Images will be digital

• Exams will be read by credentialed radiologists within 12 hours of receiving images

• Reports will be faxed back to service unit, (option reports electronically inserted into IHS

RPMS) fax 406-638-3358

• Follow and adhere to IHS Policy & Procedures

• Images can either remain on vendors PACS and if needed a copy can be given to service unit via digital copies sent via mail. Images may be electronically inserted onto IHS PACS if communication is set up with both parties. Contractor will work with Service Unit and Area Office IT departments to acquire all needed security for access.

B.7 KNOWLEDGE REQUIRED BY THE POSITION:

- Knowledge of mammogram exposure technique including technical factors; how to control density, contrast and distortion.

- Knowledge of basic physics including monitoring the equipment for proper operation, modify standard procedures to accommodate new equipment or examinations, determine when maintenance or repair of equipment is needed.

- Knowledge and skills required to properly position patients for a number of mammogram examinations.

- Knowledge of first aid practices including emergency cardiac arrest procedures in order to assist patients until a medical or nursing team can arrive.

- Knowledge of anatomy and physiology, e.g., the location, appearance and function of the examination in order to judge the acceptability of the images for screening use.

- Knowledge and skill necessary to provide care appropriate to adult and geriatric patients as well as sensitivity to peoples of varying ethnical & cultural backgrounds.

- Knowledge of age specific states that require special approaches, such as those required when providing diagnostic care for adult and geriatric populations.

- Thorough knowledge of ultrasound standards, equipment and technique to assure a consistent quality of studies. Recognizing and selecting the appropriate method of procedures for a range of mammogram studies.

- Knowledge of quality assurance as it applies to the mammogram services. Knowledge of human anatomy, pathology and cross sectional human anatomy in all planes in order to recognize structures visualized on the monitor, to recognize and differentiate normal from abnormal structures. To demonstrate abnormality by assessing integrity of surrounding structure and measuring and recording size.

- Thorough knowledge of aspect of all mammogram physics and concepts of sound generation, transmission characteristics of mammogram equipment.. (To recognize changes in aging equipment and to determine maintenance or repair as needed as well as understanding equipment limitations).

- Knowledge of Service Unit and Hospital policies, procedures and practices related to both routine and emergency functions of various hospital services.

- Will work closely with the Radiologists and the Crow providers.

- Will perform cleaning of unit using the system installed

B.8 QUALIFICATIONS:

Individual must be certified and meet the continuing education requirement. Preference will be given to those with at least one year of experience in performing mammogram examinations.

B.9 SUPERVISORY CONTROLS.

Works under the direction of the Radiology Department Supervisor. The contractor is responsible for the technical procedures to accomplish these directions.

Standard operating procedures cover the number, type and sequence for each kind of examination. The technologist must use judgment to deviate from standard procedures and tables to compensate for patient’s injuries, illness, or physical disabilities in accordance with established precedent and methods of calculations. The technologist maintains up-to-date knowledge of new developments in the field and exercises judgment to evaluate their usefulness.

B.10 QUALITY ASSURANCE:

Contractor will work with the Radiology Supervisor to assure quality of work.

Performance will be thoroughly monitored and approved. The Government will use a system to monitor the contractor’s effort. This system includes the Program Manager providing monthly performance reports, reviewing invoices and progress reports, and completing regular performance evaluations.

B.11 GUIDELINES:

Guidelines available include Department of Health and Human Service, Public Health Service, Billings Area, Service Unit and Medical Staff regulations, policies, procedures and by-laws.

This contractor will be required to abide by all the rules and regulations that govern the Privacy Act, the Indian Health Service, and the Department of Health and Human Services. All new employees are required to take HIPAA, ISSA Computer Security, and Compliance within a few days after receiving their award letter, notice-to-proceed, access and annually thereafter.

All new contractors will be required to write SOAP notes, and provide recommendations to the ordering provider for Purchased Referred Care (PRC) referrals in the Electronic Health Record.

Training will be scheduled during clinic hours. This contractor will be required to complete all required DHHS/IHS trainings. If contractor is required to have access to governments computers than applicable training/certification including ISSA training will be required.

B.12 SCOPE AND EFFECT:

The purpose of this position affects the health and wellbeing of individuals on immediate basis; and impacts the health status of the community on a broad basis.

B.13 PERSONAL CONTACTS:

Personal contacts are with patients, with providers, and with fellow employees in a hospital setting. Contacts with providers are to resolve problems concerning scheduling of patients and requested procedures. Contacts with patients are to explain the procedure to be done, often to patients who are unfamiliar with mammogram examinations, and to direct patients how to move to achieve correct positioning. Some patients are ill, injured or nervous which requires the technologist to provide reassurance and comfort.

B.14 PURPOSE OF CONTACTS:

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

May work in conjunction with colleges who send their students here for their clinical applications for radiological technologists.

B.15 PHYSICAL DEMANDS:

The work requires long periods of standing and walking. The work area is provided by the contractor.

B.16 WORK ENVIRONMENT:

The work area will be provided by the contractor. May be required to move or lift patients from time to time. The contractor will work with the Facilities Manager and Radiology Supervisor to determine where the mobile unit will be located for each site clinic.

B.17 GOVERNMENT FURNISHED PROPERTY:

There are ‘no’ government furnished items in this contract. Mobile Mammography unit and all equipment/supplies will be provided by the contractor. If needed, the Service Unit will be responsible for getting the Contractor access and clearance to all computer services necessary to carry out his/her duties.

B.18 COMPUTER SECURITY:

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

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

B.19 CONTRACTING OFFICER AUTHORITY:

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

B.20 CONTRACTING OFFICER REPRESENTATIVE (COR):

The COR shall be responsible for:

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

(2) Interpreting the Statement of Work;

(3) Technical evaluation as required;

(4) Technical inspections and acceptance; and

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

The primary agent/official responsible for monitoring this procurement in a project officer capacity and who will be verifying that all services have been received and delivered will be James Reed, Radiology Supervisor, Crow/Northern Cheyenne Hospital.

B.21 INVOICE SUBMISSION AND PAYMENT:

The Contractor shall submit its invoice to the Crow Service Unit, attn. Lori Oldbear Lori.Oldbear@ihs.gov. Contractor agrees to include the following information on each invoice: (1) Contractor’s name and address; (2) Contact name, title, and telephone number; (3) DO/TO/PO/Contract Number; (4) Invoice number and date; (5) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; (6) Remit to Address; (7) Taxpayer Identification Number (Employer Identification Number or Social Security Number); and (8) Data Universal Numbering System (DUNS) number (to ensure payment is made to the correct bank account) and vendor mailing address, as provided in the System for Award Management (SAM), formerly known as the Central Contractor Registration (CCR) database. Payment shall be made by the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107.

B.22 PRO-CHILDREN ACT:

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

B.23 CHILD CARE NATIONAL AGENCY CHECK AND INVESTIGATION (CNACI):

mailto:Lori.Oldbear@ihs.gov

A CNACI must be completed for all Indian Health Service (IHS) contractor personnel within the Billings Area. Public Law (P.L.) 101-630, Indian Child Protection and Family Violence Prevention Act and P.L. 101-647, Crime Control Act of 1990, require the IHS to conduct a character and criminal history background investigation on all contractors performing services in IHS facilities. Fingerprints must also be taken as part of the pre-employment process and must be completed before the provider is allowed to work.

B.24 SPECIAL CONTRACT REQUIREMENTS:

Contractors cannot serve as expert witnesses in any suit against the Federal Government.

Many of the IHS patients receiving services may only speak a native language and/or reside on a Native American Reservation, therefore, the Contractor must demonstrate sensitivity to cross-cultural and language differences. The Privacy Act of 1974 mandates that the Contractor maintain complete confidentiality of all administrative, medical and personnel records, and all other pertinent information that comes to his/her attention or knowledge. The Privacy Act carries both civil and criminal penalties for unlawful disclosure of records. Violation of such confidentiality shall be cause for adverse action.

IHS shall provide training on the Freedom of Information Act and the Privacy Act. All IHS regulations and policies applicable to these Acts shall be enforced. During the performance of the contract, the Contractor shall provide for the consistent performance of patient care processes according to the standards of the JACOH, who supplies accreditation to the Crow Service Unit. The contractor shall comply with I.HS facility infection control and safety procedures, practices, and standards.

C.1 PROVISIONS AND CLAUSES:

The following FAR provisions and clauses apply to this acquisition. The following FAR and Health and Human Services Acquisition Regulation (HHSAR) clauses are applicable:

52.212-4 Contract Term and Conditions-Commercial Items. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items

FAR

Clause No. Title Date

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

Fiber Content Paper

52.204-7 System for Award Management Oct 2018

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Oct 2018

Subcontract Awards

52.204-13 System for Award Management Maintenance Oct 2018

52.204-16 Commercial and Government Entity Code Reporting Jul 2016

52.204-17 Ownership or Control of Offeror Jul 2016

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016

52.204-19 Incorporation by Reference of Representations Dec 2014 and Certifications

52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018

52.219-28 Post-Award Small Business Program Representation Jul 2013

52.222-3 Convict Labor Jun 2003

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-22 Previous Contracts and Compliance Reports Feb 1999

52.222-26 Equal Opportunity Sept 2016

52.222-35 Equal Opportunity for Veterans Oct 2015

52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014

52.222-37 Employment Reports on Veterans Feb 2016

52.222-41 Service Contract Labor Standards Aug 2018

52.222-50 Combating Trafficking in Persons Jan 2019

52.222-52 Exemption From Application of the Service Contract May 2014

Labor Standards to Contracts for Certain Services-Certification

52.222-53 Exemption from Application of the Service Contract May 2014

Labor Standards to Contracts for Certain Services-Requirements

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-18 Encouraging Contractor Policies to Ban Text Messaging Aug 2011

While Driving

52.224-1 Privacy Act Notification Apr 1984

52.224-2 Privacy Act Apr 1984

52.227-14 Rights in Data-General May 2014

52.232-18 Availability of Funds Apr 1984

52.232-19 Availability of Funds for Next Fiscal Year Apr 1984

52.232-25 Prompt Payment Jan 2017

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.233-1 Disputes May 2014

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

52.237-3 Continuity of Services Jan 1991

52.237-7 Indemnification and Medical Liability Insurance Jan 1997

52.242-15 Stop-Work Order Aug 1989

52.242-17 Government Delay of Work Apr 1984

52.245-1 Government Property Jan 2017

52.245-9 Use and Charges Apr 2012

52.249-4 Termination for Convenience of Government Apr 1984

(Services)(Short Form)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

644).

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

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

637(m)).

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

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

___ (ii) Alternate I (Feb 1999) of 52.222-26.

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

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

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

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

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

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

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

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

206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

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

13658).

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

13706).

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

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

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

C.3 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

HHSAR

Clause No. Title Date

352.211-3 Paperwork Reduction Act DEC 2015

352.222-70 Contractor Cooperation in Equal Employment DEC 2015

Opportunity Investigations

352.223-70 Safety and Health DEC 2015

352.224-70 Privacy Act DEC 2015

352.227-70 Publication and Publicity DEC 2015

352.237-70 Pro-Children Act Dec 2015

352.237-71 Crime Control Act—Reporting of Child Abuse Dec 2015

352.237-72 Crime Control Act—Requirement for Background Checks Dec 2015

352.237-73 Indian Child Protection and Family Violence Act Dec 2015

352.237-75 Key Personnel Dec 2015 352.239-74 Electronic and Information Technology DEC 2015

Upon request, the Contracting Officer will provide full text copies of the FAR and HHSAR provisions and clauses. The provisions and clauses may also be accessed electronically at https://www.acquisition.gov https://www.acquisition.gov/

E.1 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

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

License = 35 Points.

Potential contractors must submit a copy of state license with the price quote.

Resume/CV= 35 Points.

Potential contractors must submit resume with price quote.

Resumes must include information relating to: (a) Professional Education; (b) Certifications; and (c) Previous jobs.

Past Performance = 30 Points.

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

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

b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

In evaluating past performance the Government may also use information from its own files, information provided by the offeror, or from any other sources it deems appropriate.

Offerors will be given the opportunity to clarify information concerning the relevancy of an offeror’s past performance information, and any adverse past performance information to which the offeror has not previously had an opportunity to respond.

If the offeror has no relative past performance they shall affirmatively state so.

COST/PRICE: Price is not assigned an adjectival rating or scored. It will be evaluated to determine whether it is reasonable and if the quotation reflects an understanding of the requirement. This factor will be evaluated utilizing price analysis techniques identified in FAR Part 15.404-1. Analysis will include review of price reasonableness and balanced pricing. Offerors are cautioned that "materially unbalanced" prices and/or unreasonably high or low prices may cause your quotation to be deemed unacceptable and rejected.

E.2 BASIS FOR AWARD:

Selection of the successful offeror will be made to the offeror whose proposal provides the combination of features that offers the best overall value to the Government. The quotations will be evaluated and a contract awarded under the Best Value Continuum approach to permit tradeoffs among cost or price and non-cost factors. This will allow the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. The Government is more concerned with obtaining performance capability rather than lowest overall cost. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior performance. Overall cost to the Government may become the ultimate factor for award of a contract as proposals are considered more equal through evaluation.

E.3 PROPOSAL SUBMISSION INSTRUCTIONS:.

The Contractor shall provide evidence of, or submit a written response to, the technical evaluation factors in FAR 52.212-2. In addition, the Contractor shall submit a completed copy of FAR 52.212-3 with its offer. Contractors intending to conduct business with the Federal Government must register with the System for Award Management (SAM). SAM replaces the Department of Defense’s Central Contractor Registration (CCR) database.

SAM is now the primary Government repository, which retains information on Government contractors. You may register via the Internet at www.sam.gov.

E.4 FAR 52.212-1, Instructions to Offerors – Commercial Items (Oct 2018)

Reponses must include, as a minimum:

(1) The solicitation number;

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

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

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

http://www.sam.gov/

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

All responsible offerors may submit a proposal, which shall be considered by the Agency. Offers shall be submitted via email to Ron.Juneau@ihs.gov no later than 2:00 pm MST, August 01, 2019. The offer may also be submitted in a sealed envelope, addressed to this office, showing the time specified for receipt, the solicitation number, and your company's name and address.

Ron Juneau, Contract Specialist Po Box 9 One Hospital Way Crow Agency, MT 59022 406-638-3393

RON.JUNEAU@IHS.GOV

Facsimile responses will not be accepted.

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

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

(2) mailto:Ron.Juneau@ihs.gov mailto:RON.JUNEAU@IHS.GOV

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

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

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

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

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

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

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

E.5 ACCEPTANCE PERIOD:

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

E.6 TO BE COMPLETED BY THE OFFEROR

An individual authorized to bind the prospective offeror must execute (the Representations and Certification.) The prospective offeror makes the following Representations and Certifications as part of its offer (check or complete all appropriate boxes and blanks on the following pages).

(Name of Prospective Offeror) (Solicitation Number)

(Signature of Authorized Individual)

(Typed Name of Authorized…