Section B_Continuation Page.pdf

Solicitation No.

75H70926Q00014

Project Title

NCSU Dental Equipment Preventative Maintenance (PM) and Repair Services

SECTION B – CONTINUATION

This is a Solicitation for commercial products and services prepared in accordance with FAR Part 12, using the format in subpart 12.6, as supplemented with additional information included in this notice.

Using the revision under the Revolutionary FAR Overhaul (Executive Order 14275) and the implementing HHS/IHS class deviation, and the simplified procedures for commercial products and commercial services at FAR 12.201-1.

75H70926Q00014 is issued as a request for quotation (RFQ) for the Dental Equipment Preventative

Maintenance Service (PM) Services for the Northern Cheyenne Service Unit – Billings Area Indian

Health Service.

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2026-01, together with the applicable FAR and HHSAR class deviations in effect as of the date of this solicitation. The applicable Service Contract Labor Standards (SCLS)

Wage Determination is Wage Determination No. 2015-5395 Revision No. 30 and is incorporated into this solicitation.

NAICS:

811210 – Electronic and Precision Equipment Repair and Maintenance

Size Standard: $34 million

1. CONTRACT TYPE

The Billings Area Indian Health Services, anticipates awarding a single Firm-Fixed-Price Type

Contract for Dental Equipment Preventative Maintenance (PM), Dental Repair Parts, and Emergency

Call Out Service at the Northern Cheyenne Service Unit, Lame Deer, Montana.

2. PRICE SCHEDULE

See Attachment A2 Price Schedule

Offerors are required to complete and submit the Government provided Price Schedule as part of their quotation.

3. PERIOD OF PERFORMANCE

If the Government exercises the options pursuant to Federal Acquisition Regulation (FAR) 52.217-9, Option to

Extend the Term of the Contract (MAR 2000), the ordering period shall be extended in accordance with the following schedule:

Base Year: 11/01/2026 – 10/31/2027

Option Year One: 11/01/2027 – 10/31/2028

Option Year Two: 11/01/2028 – 10/31/2029

Option Year Three: 11/01/2029 – 10/31/2030

Option Year Four: 11/01/2030 – 10/31/2031

4. POINTS OF CONTACT (POC)

Purchasing Agent (PA) Contracting Officer’s Representative (COR)

Clarette Yellowrobe

Email: Clarette.Yellowrobe@ihs.gov

Torrey Darkenwald

Contact info distributed at award

Contracting Officer (CO) Contractor’s Point of Contact

Johnna Spotted

Email: Johnna.Spotted@ihs.gov

Name: TBD

Phone: Email:

5. SCOPE

See attachment A1 for Statement of Work (SOW)

6. QUALIFICATIONS

The Contractor shall be authorized or certified to service (but not limited to) A-dec, Dentsply, and Cavitron equipment. Documentation of authorization shall be provided upon request. Services must comply with manufacturer warranty and servicing requirements.

mailto:Clarette.Yellowrobe@ihs.gov mailto:Johnna.Spotted@ihs.gov

SECTION C – CONTRACT CLAUSES

1. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

(End of clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any

FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48

CFR _____) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

CLAUSES INCORPORATED BY REFERENCE

CLAUSE Title Date

52.203-17 Contractor Employee Whistleblower Rights Nov 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

Jan 2017

52.204-7 System for Award Management – Registration Deviation Date

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Deviation Date

52.204-13 System for Award Management – Maintenance Deviation Date

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

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-

Representation

Deviation Date

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Deviation Date

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Deviation Date

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Deviation Date

52.212-4 Terms and Conditions – Commercial Products and Commercial Services Deviation Date http://www.acquisition.gov/

52.222-1 Notice to the Government of Labor Disputes Deviation Date

52.222-3 Convict Labor Deviation Date

52.222-19 Child Labor- Cooperation with Authorities and Remedies Deviation Date

52.222-36 Equal Opportunity for Workers with Disabilities Deviation Date

52.222-40 Notification of Employee Rights under the National Labor Relations Act Deviation Date

52.222-41 Service Contract Labor Standards Deviation Date

52.222-50 Combating Trafficking in Persons Deviation Date

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 Deviation Date

52.222-62 Paid Sick Leave Under Executive Order 13706 Deviation Date

52.222-90 Addressing DEI Discrimination By Federal Contractors Deviation Date

52.225-3 Buy American-Free Trade Agreements – Israeli Act Deviation Date

52.223-5 Pollution Prevention and Right-to-Know Information May 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024

52.228-5 Insurance-Work on a Government Installation Jan 1997

52.229-3 Federal, State, and Local Taxes Feb 2019

52.232-1 Payments Apr 1984

52.232-11 Extras Apr 1984

52.232-18 Availability of Funds Apr 1984

52.232-23 Assignment of Claims May 2014

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.233-3 Protest after Award Deviation Date

52.233-4 Applicable Law for Breach of Contract Claim Deviation Date

52.237-3 Continuity of Services Jan 1991

52.237-7 Indemnification and Medical Liability Insurance Deviation Date

52.242-17 Government Delay of Work Apr 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services Deviation Date

52.245-1 Government Property Sep 2021

52.245-9 Use and Charges Apt 2012

52.252-4 Alterations in Contract Apr 1984

Clauses Incorporated by full text

52.217-8 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 1 day of contract expiring.

(End of Clause)

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 30 Days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 66 months.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of

Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

2. HHSAR CLAUSES

CLAUSES INCORPORATED BY REFERENCE

CLAUSE Title Date

352.223-70 Safety and Health Dec 2015

352.226-1 Indian Preference Dec 2015

352.226-3 Native American Graves Protection and Repatriation Act Dec 2015

352.232-71 Electronic Submission of Payments Request Feb 2022

352.237-74 Non-Discrimination in Service Delivery Dec 2015

352.239-73 Electronic Information and Technology Accessibility Dec 2015

Clauses Incorporated by full text

352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2022)

(a) Definitions. As used in this clause –

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR

32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b)Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system.

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c)The Contractor may submit payment requests using other than IPP only when the

Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d)If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer’s written authorization with each payment request.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim

352.237-70 PRO-CHILDREN ACT (DEC 2015)

(a) Public Law 103-227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C.

7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of

18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children's services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

352.237-71 CRIME CONTROL ACT OF 1990-REPORTING OF CHILD ABUSE (DEC 2015)

(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on

Federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted. For more information about where and how to file a report, the Childhelp USA, National Child

Abuse Hotline (1800-4-A-CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the

Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

3. INVOICE SUBMISSION AND PAYMENT

Invoices shall be submitted through the Invoicing Processing Platform (IPP), 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. The use of IPP shall take precedence over previously established invoicing procedures in accordance with HHSAR 352.232-71, Electronic Submission and

Processing of Payment Requests”. The IPP website address is: https://www.ipp.gov. If you require assistance registering or require IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to

6PM ET), or IPPCustomerSupport@fiscal.treasury.gov.

Payment will be made by the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana

59107. Payments are made in arrears.

(End of Local Clause)

4. CONTRACTING OFFICER AUTHORITY:

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

Contracting Officer.

5. SUPERVISION & QUALITY CONTROL

The primary agent/official responsible for monitoring the performance on this contract in a project officer capacity and who will be verifying that all services have been received and delivered will be Torrey

Darkenwald, Contracting Officer Representative, Billings Area Office.

Invoices shall be utilized, kept on file, and verified by the COR. The Contracting Officer, or his/her designated representative, is authorized to review by onsite survey, through review of records, or through any other reasonable manner the quality of care rendered under this contract. Adequate records shall be maintained to reflect the accuracy with respect to claims submission as well as for quality of care. The Contractor shall comply with and assist in all Quality Assurance activities necessary for the Government to maintain accreditation.

SECTION D – DOCUMENTS, EXHIBITS AND ATTACHMENTS

A1 – Statement of Work (SOW)

A2 – Price Schedule

A3 – Wage Determination 2015-5395 https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

SECTION E – SOLICITATION PROVISIONS

1. FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS

52.252-1 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 address: www.acquisition.gov.

(End of provision)

PROVISIONS INCORPORATED BY REFERENCE

PROVISION Title Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation

Jan 2017

52.204-7 System for Award Management - Registration Deviation Date

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representation

Deviation Date

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law

Deviation Date

52.217-5 Evaluation of Options Deviation Date

Provisions Incorporated by full text

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

Continuation - Quote Preparation Instructions

1) Quote Format

Offerors shall submit four (4) volumes, a technical, past performance, price volume, and administrative volume each clearly marked in a Compressed File in PDF format. At a minimum they should include the following information:

Technical - Volume I

Offeror must submit a technical quote, not to exceed [10] PDF pages, that addresses the technical requirements. The contractor will be evaluated based upon their described capabilities as they relate to the requirements, as well as their demonstrated understanding of the requirements.

http://www.acquisition.gov/

Past Performance - Volume II

Offerors must demonstrate their record of successful performance in past contracts and/or jobs that are similar in scope and size of this request. The Government is seeking to determine whether the Offeror has the experience that will enhance its technical capability to perform the tasks described in the statement of work.

Price - Volume III

Offerors must submit a completed price schedule or price proposal that demonstrates a unit price and a total amount for each line item listed. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Administrative - Volume IV

The Administrative Volume shall contain all required representations, certifications, and administrative information necessary for the Government to determine the Offeror’s eligibility and responsibility. The

Administrative Volume shall include, but is not limited to, the following:

1. Cover Letter

• Include the Offeror’s legal business name, SAM Unique Entity ID (UEI), CAGE Code, address, point of contact (name, title, phone number, and email), and business size for the applicable

NAICS code.

• Indicate any teaming arrangements, subcontractors, or joint venture relationships.

2. Completed Representations and Certifications

• Include any applicable socioeconomic program certifications (ISBEE, SBA 8(a), HUBZone, SDVOSB, ect.)

3. Proof of System for Award Management (SAM) Registration.

• Provide confirmation that the Offeror is registered and active in SAM (www.SAM.gov) at the time of offer submission.

4. Authorized Negotiators

• List individuals authorized to negotiate on behalf of the Offeror, including their names, titles, and contact information.

5. Acknowledgment of Solicitation Amendments

• Acknowledge receipt of all amendments to the solicitation by number and date.

6. Conflict of Interest Disclosure

• Disclose any actual or potential organizational conflicts of interest, or a statement confirming that no such conflicts exist.

Format Requirements:

• The Administrative Volume should be submitted as a separate file, clearly labeled “Volume IV

– Administrative.”

• Submit in searchable PDF format.

• Page limit: No page limit, but excessive or irrelevant information may be disregarded.

Technical and past performance, when combined, are more important than cost or price.

2) Technical Questions

Technical questions pertaining to this opportunity are due by September 28, 2026, at 2pm MST. Answers to the questions will be posted approximately on October 2, 2026. All questions should be submitted in a word document to the Purchasing Agent (PA) at Clarette.Yellowrobe@ihs.gov.

3) Quote Due Date

All quotes in response to this opportunity are due no later than 3pm MDT on October 19, 2026. Quotes will only be accepted via electronic mail in the format specified in the section titled Quote format and must be emailed to Clarette Yellowrobe at Clarette.Yellowrobe@ihs.gov by the closing date.

4) Offer Acceptance

The offer 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 120 days from the date of receipt by the Government.

(End of Provision)

52.212-2 -- Evaluation – Commercial Products and Commercial Services (NOV 2021)

Addenda - Evaluation

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 offers must contain a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. The following factors shall be used to evaluate offers:

mailto:Clarette.Yellowrobe@ihs.gov

Factor 1: Technical Approach

The offeror must submit a technical proposal, not to exceed [10] PDF pages, that addresses the technical requirements. The contractor will be evaluated based upon their described capabilities as they relate to the requirements, as well as their demonstrated understanding of the requirements.

Factor 2: Past Performance

Offerors must demonstrate their record of successful performance in past contracts and/or jobs that are similar in scope and size of this request. The Government is seeking to determine whether the Offeror has the experience that will enhance its technical capability to perform the tasks described in the statement of work.

Factor 3: Price Offerors must submit a completed price schedule or price proposal that demonstrates a unit price and a total amount for each line item listed. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

Technical and past performance, when combined, are more important than cost or price.

1. Evaluation Methodology: The quotations shall be evaluated in accordance with the evaluation criteria and relative weights set forth in the solicitation. The evaluator will read each quotation and describe, in writing, the strengths, weaknesses, and/or deficiencies identified to support the scores given to each proposal. The adjectival ratings will be consistent with the evaluator’s written narratives; i.e., a high rating should be supported by a narrative identifying a significant number of strengths and a minimum number of weaknesses. Any quotation that is unrealistic, in terms of technical approach, schedule commitments, and or costs (high or low) will be deemed unacceptable. The evaluators will use the following adjective rating scales:

TECHNICAL RATING SCALE

Adjectival Rating Description

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Adjectival Rating Description

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Quote is unawardable.

PERFORMANCE CONFIDENCE

Rating Description

Substantial

Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory

Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence

(Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

2. Basis for Award: Selection of the successful offeror will be made based on the evaluation criteria. The quotations will be evaluated and a contract awarded under the Best Value Continuum approach to permit tradeoffs among cost or price and non-cost factors. This will allow the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror who meets or exceeds the technical acceptability standards established in the factors referenced above. Technical and past performance, when combined, are approximately equal to cost or price.

3. Source Selection Decision: In order to determine which offeror represents the best value to the government, the Evaluator(s) will rank the offerors from best to worst. This will be accomplished by making a series of paired comparisons among the offerors by trading off the marginal differences in non-cost/price factors and price. If one offeror has both the better capability and lower price, then that offeror will be the better value.

If one offeror has the better capability and a higher price, the Source Selection Authority will decide whether the difference in capability is worth the difference in price. If the source selection authority considers the better capability to be worth the higher price, then the more capable, higher-priced offeror will be the better value. If not, then the less capable, lower-priced offeror will be the better value. The source selection authority will continue to make paired comparisons until they have decided which offeror represents the best value.

(End of Provision)

52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Certification (May 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;

(3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the

Service Contract Labor Standards to Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision)

2. HHSAR PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

PROVISION Title Date

352.215-70 Late Proposals and Revisions Dec 2015

352.239-73 Electronic Information and Technology Accessibility Notice Dec 2015