Solicitation_75H70926Q00006.pdf

Solicitation No.

75H70926Q00006

Project Title

NCSU Pharmacy Labels and Supplies

SECTION B – CONTINUATION

This is a Solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

75H70926Q00006 is issued as a request for quotation (RFQ) for Pharmacy Labels and Supplies for the Northern Cheyenne Service Unit. This procurement is conducted pursuant to the authority of

Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial

Services.

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

Acquisition Circular 2026-01.

Set-Aside: 100% Total Small Business Set-Aside (per 15 U.S.C. § 631)

NAICS: 323111 – Commercial Printing (except Screen and Books)

SB Size Standard: 650 Employees

1. CONTRACT TYPE

The Billings Area Office, Indian Health Service (IHS), anticipates awarding a single Firm-Fixed-Price

Purchase Order in response to Request for Quote (RFQ) 75H70926Q00006. This is a RFQ only and in no way obligates the Government to award a Purchase Order to reimburse offeror(s) for any cost incurred in preparing their quote.

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: 05/25/2026 – 04/30/2027

Option Year One: 05/01/2027 – 04/30/2028

Option Year Two: 05/01/2028 – 04/30/2029

Option Year Three: 05/01/2029 – 04/30/2030

Option Year Four: 05/01/2030 – 04/30/2031

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 Technical Specifications 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

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

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial

Services

Deviation Date http://www.acquisition.gov/

52.219-6 Notice of Total Small Business Set Aside Deviation Date

52.219-28 Postaward Small Business Program Representation Deviation Date

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

52.222-35 Equal Opportunity for Veterans Deviation Date

52.222-36 Equal Opportunity for Workers with Disabilities Deviation Date

52.222-37 Employment Reports on Veterans 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

52.225-3 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

52.232-18 Availability of Funds Apr 1984

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

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

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

52.242-17 Government Delay of Work Apr 1984

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

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.

(End of Clause)

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

352.232-71 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.

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.

(End of clause)

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) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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 – Technical Specifications

A2 – Price Schedule

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

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

Sep 2024

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 http://www.acquisition.gov/

52.217-5 Evaluation of Options Deviation Date

52.219-1 Small Business Program Representations Deviation Date

Provisions Incorporated by full text

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services.

(Deviation Date)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) 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.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed

Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

52.212-2 Evaluation—Commercial Products and Commercial Services. (Deviation Date)

The basis for award will be the Lowest Price, Technically Acceptable (LPTA) offer. The Government will not use the formal source selection procedures outlined in FAR Part 15, but will instead evaluate offers in accordance with FAR 12.203.

Offers will be evaluated for acceptability only and will not be ranked based on non-price factors or subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable.”

The Government intends to evaluate offers and make an award without conducting discussions, except for minor clarifications, unless discussions are deemed necessary. A determination will be made regarding the technical acceptability of each offeror’s quotation. Among those determined to be technically acceptable, award will be made to the offeror proposing the lowest overall price.

(a) The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three subfactors: 1.) Meeting all areas under the "Technical Specifications”; 2.) Past

Performance; and 3.) Price.

1.) Each offeror’s technical quotations will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the Technical Specifications.

2.) Past Performance: The offeror shall provide a list of contracts under which they have performed same or similar services to this RFQ requirement within the last three (3) years. The Government shall assess the offeror’s ability to perform the effort described in the Request for Quote (RFQ). The assessment process will result in an overall technical rating of Acceptable/Non Acceptable or

Neutral/Unknown. Offerors with no relevant past or present performance history shall receive the rating “neutral or unknown”, meaning the rating is treated neither favorably nor unfavorably.

3.) Price: The Pricing Schedule must be completed for all line items and will be evaluated as to completeness and reasonableness.

(b) Options: Four (4) Option Year’s

(c) Notice of Award. A written notice of award or acceptance of an offer 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.

1) Technical Questions

Technical questions pertaining to this opportunity are due by May 6, 2026 at 2pm MST. Answers to the questions will be posted approximately on May 11, 2026. All questions should be submitted in a word document to the Purchasing Agent (PA) at Clarette.Yellowrobe@ihs.gov.

2) Quote Due Date

All quotes in response to this opportunity are due no later than 3pm MST on May 15, 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.

3) 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)

52.222-52 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 mailto:Clarette.Yellowrobe@ihs.gov 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.

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