Inactive Buy Indian Set-Aside (specific to Department of Health and Human Services, Indian Health Services)

Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information inc... Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation no. 75H71321Q00005 has been issued as a Request For Quotation for a firm fixed price commercial services contract for sign language interpretation located at Western Oregon Service Unit (WOSU) aka Chemawa Indian Health Center, Salem, OR. The Statement of Work is attached for more details. The performance period includes a one-year Base and 4 one-year options. The delivery location and place of acceptance is Chemawa Indian Health Center, 3750 Chemawa Rd NE Salem, OR, F.O.B. Destination. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04 dated January 25, 2021. The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The following factors shall be used to evaluate offers: price and past performance. Offerors are advised to submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders – Commercial Items, applies to this acquisition and these clauses: FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://www.acquisition.gov. 52.202-1, Definitions (Nov 2013), 52.203-6 Alternate 1, Restrictions on Subcontractor’s Sale to the Government (June 2020), 52.203-17, Contractor employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (June 2020), 52.204-7, System for Award Management (Oct 2016), 52.204-23, Prohibition on Contracting for Hardware, Software and Services developed or Provided by Kaspersky Lab and Other Covered Entities (July 2018), 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (August 2020), 52.222-3, Convict Labor (June 2003), 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), 52.222-50, Combatting Trafficking in Persons (Oct 2020), 52.223-18, Encouraging Contractor Policies to Ban Text While Driving (June 2020), 52.232-1, Payments, (Apr 1984), 52.232-17, Interest (May 2014), 52.232-39, Unenforceability of Unauthorized Obligations, 52.232-8, Discounts for Prompt Payment (Feb 2002), 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013),52.232-40, Providing Accelerated Payments to Small Business Subcontractors, (Dec 2013), 52.233-1, Disputes (May 2014),52.233-3, Protest after Award,( Aug 1996), 52.233-4, Applicable Law for Breach of Contract Claim, (Oct 2004), 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984), 52.237-3, Continuity of Services (Jan 1991) FAR 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997) (a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.00. (b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause. (c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided. (d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer. (e)The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies. (f)The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance. 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 15; 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 60 months. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES: 352.224-70, Privacy Act (Dec 2015), 352.239-73, Electronic and Information Technology Accessibility Notice (Dec 2015), 352.239-74, Electronic and Information Technology Accessibility (Dec 2015), 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 (1-800-4-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. This solicitation will be set-aside for Small Business Indian Firms (SBIF) pursuant to the Buy Indian Act 25 U.S.C. 47. If IHS does not receive at least two offers that are reasonably priced offers from SBIF's, IHS will then evaluate quotes and consider award to other small business concerns under following 3-tier cascading set-aside (in order of first consideration to last consideration): 1st Tier-Small Business Indian Firms 2nd Tier - Service Disabled Veteran Owned Small Businesses 3rd Tier-All other Small Business Concerns The NAICS code is 541930 and the small business size standard is $7.5M. ATTACHMENTS: ATTACHMENT 1 – STATEMENT OF WORK ATTACHMENT 2 – BUSINESS ASSOCIATE AGREEMENT ATTACHMENT 2 – SCA WAGE DETERMINATION QUOTATION INSTRUCTIONS: The Government will consider competitive rates. Quoter shall submit quote. Rate shall be an All-Inclusive Hourly Rate that includes travel, per diem, lodging/housing, transportation, meals, and applicable taxes (i.e. federal, state and local). The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Other factors for this solicitation include past performance of the quoter. Past performance information may be based on the Government’s knowledge of and previous experience with the quoter, or other reasonable basis (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. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Offers are due by March 10, 2021, 10:00 AM, PT.