Inactive Indian Economic Enterprise (IEE) Set-Aside (specific to Department of Interior and Indian Health Services)

AMMENDMENT - This ammendment is to clarify that contractors are to provide pricing for the Base and each Option Year. Refer to SCHEDULE I in the attachments. Streamlined Solicitation for Commercial It... AMMENDMENT - This ammendment is to clarify that contractors are to provide pricing for the Base and each Option Year. Refer to SCHEDULE I in the attachments. Streamlined Solicitation for Commercial Items (FAR 12.603) Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial services 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. 75H71325Q00001 has been issued as a Request For Quotation (RFQ) for a firm fixed price commercial services contract. Pursuant to 48 CFR Part 326, Subpart 326.603-3 and IHM 5.5-6, Indian Health Service must use the negotiation authority of the Buy Indian Act, 25 U.S.C. 47, to give preference to Indian Economic Enterprises (IEE) whenever the use of that authority is authorized and practicable. For non-lethal (no firearms) security guard services, located at the Yakama Indian Health Clinic, Toppenish, Washington, quotation should be provided as one lump sum price. The scope of work is attached for reference and includes a detailed description of the requirement. The performance period includes a one-year Base and option year(s). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, dated January, 17, 2025. 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. 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services Sep 2023 52.212-2 Evaluation Commercial Products and Services. Nov 2021 52.212-3 Offeror Representations and Certifications Commercial May 2024 Products and Commercial Services 52.212-3 Alternate I Feb 2024 52.212-4 Contract Terms and Conditions Commercial Products and Nov 2023 Commercial Services 52.212-4 Alternate I Nov 2021 52.212-5 Contact Terms and Conditions Required To Implement Statutes Jan 2025 Commercial Products or Executive Order and Commercial Services 52.212-5 Alternate I Feb 2000 52.212-5 Alternate II Jan 2025 52.217-8 Option to Extend Services Nov 1999 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 2 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. 352.237-72 Crime Control Act of 1990-Requirement for Background Checks (Dec 2015) (a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. "Child care services" include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services listed above. (b) The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staff person provisionally prior to the completion of a background check, if at all times prior to the receipt of the background check during which children are in the care of the newly-hired person, the person is within the sight and under the supervision of a previously investigated staff person. (c) 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. 352.237-75 Key Personnel (Dec 2015) The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) The Indian Health Service (IHS) is required to comply with HIPAA in the provision of health care to IHS patients. HIPAA was implemented by the U.S. Department of Health and Human Services, Office of Civil Rights, under the Code of Federal Regulations, Part 160 and 164. Accordingly, all health care providers, including contracted health care providers are required to comply with HIPAA requirements (Full text will be furnished upon request). 352.232-71 Electronic submission of payment requests, As prescribed in HHSAR 332.7003, use the following clause: Electronic Submission of Payment Requests (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. (End of Clause) This requirement is set-aside for Indian Economic Enterprise (IEE), Indian Small Business Economic Enterprise (ISBEE). The NAICS code is 561612 and the small business size standard is $29.0 million. ATTACHMENTS: ATTACHMENT 1 – STATEMENT OF WORK ATTACHMENT 2 – WAGE DETERMINATION ATTACHMENT 3 – BUY INDIAN SELF CERTIFICATION FORM QUOTATION INSTRUCTIONS: The Government will consider competitive rates. Interested firms shall submit a quote via e-mail to stacy.hill@ihs.gov. E-mail shall include “75H71325Q00001” on the subject line. Quotes should be for (3) three fully qualified, trained personnel to perform security guard services in the form of protection and patrol services at the Yakama Indian Health Center in Toppenish, WA. Each Security Guard will work a (8) eight-hour day, inclusive of a half hour lunch period, with shifts staggered to provide continuous security coverage throughout the Clinic’s operational hours. Required coverage is from 7:30AM to 7:00 PM, 11.5 hours per day, Monday through Friday. For a base, plus (4) four option years of non-lethal security guard services. Hourly Rate/Price shall include all necessary supervision, management, labor, transportation, equipment, materials, any other direct incidental costs, overhead and profit unless the cost is identified as a separately priced line item. During this solicitation process, the Government may, solely at its discretion, communicate with a Quoter for clarification purposes. At any time prior to award, including upon receipt of quotes, the Government may exclude a quote from further consideration for any material failure to follow instructions. 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. Respondent shall submit a price quote including a completed copy of ATTACHMENT 1 –IEE REPRESENTATION FORM. The Government reserves the right not to make an award as a result of this solicitation, if in the opinion of the Government, none of the submissions would meet the Government’s requirement at a cost that is considered fair and reasonable and/or economically feasible. A written notice of award or acceptance of an offer, award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in 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, unless a written notice of withdrawal is received before award. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Quotes are due by February 28, 2025 at 5:00 PM PST by email to Stacy.Hill@ihs.gov and PORAOAcquisition@ihs.gov . Submit questions regarding this solicitation via email to Stacy.Hill@ihs.gov and PORAcquisition@ihs.gov .