NUTRITIONIST NONPERSONAL HEALTHCARE SERVICES
RFQ 75H71325Q00002 is hereby amended to add Clause 52.237-7 Indemnification and Medical Liability Insurance and ATTACHMENT 6 – QA. The deadline for the receipt of quotes is hereby extended by 5 days t... RFQ 75H71325Q00002 is hereby amended to add Clause 52.237-7 Indemnification and Medical Liability Insurance and ATTACHMENT 6 – QA. The deadline for the receipt of quotes is hereby extended by 5 days to January 28, 2024. 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. 75H71325Q00002 has been issued as a Request For Quotation for a firm fixed price commercial services contract for Nutritionist Nonpersonal Healthcare Services. See the attached Performance Work Statement for a description of the services to be provided. The performance period is one year, to start within 30 days of the date of award. The performance period includes a one-year base period, and four (4) one-year option periods. The place of performance is Western Oregon Service Unit (Chemawa Indian Health Center), 3750 Chemawa Road NE, Salem, Oregon 97305. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-07 dated 08/29/2024. 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 address: http://www.acquisition.gov. 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13, System for Award Management Maintenance (Oct 2018) 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-27, Prohibition on a Byte Dance Covered Application (Jun 2023) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) 52.219-28, Post-Award Small Business Program Rerepresentation (Feb 2024) 52.222-3, Convict Labor (June 2003) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sept 2016) 52.222-35, Equal Opportunity for Veterans (Jun 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37, Employment Reports on Veterans (Jun 2020) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-41, Service Contract Labor Standards (Aug 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) Employee Class: Dietician 0630 Monetary Wage-Fringe Benefits: GS-11 $38.17 - Retirement, Paid Sick Leave, Health & Welfare, Vacation, Holidays 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50, Combating Trafficking in Persons (Nov 2021) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013) 52.233-3, Protest After Award (Aug 1996) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.239-1, Privacy or Security Safeguards (Aug 1996) FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1)When no longer needed for contract performance. (2)Upon completion of the Contractor employee's employment. (3)Upon contract completion or termination. (c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d)The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. 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 five (5) years. 52.237-7 IDEMNIFICATION 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. (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. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES: 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. 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). FAR 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 asolicitation provision may be accessed electronically at this address: http://www.acquisition.gov. 52.204-7, System for Award Management (Oct 2018) 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 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). This requirement is set-aside for Indian Small Business Economic Enterprise (ISBEE). The NAICS code is 621399 and the small business size standard is $10.0 million. ATTACHMENTS ATTACHMENT 1 – SCHEDULE OF ITEMS ATTACHMENT 2 – PERFORMANCE WORK STATEMENT ATTACHMENT 3 – BUSINESS ASSOCIATE AGREEMENT ATTACHMENT 4 – WAGE DETERMINATION ATTACHMENT 5 – IHS IEE REPRESENTATION FORM QUOTATION INSTRUCTIONS: The Government intends to award a contract to the responsible Quoter whose quote represents the best value to the Government. The basis for award will be best value to the Government, considering all evaluation factors. The Government will make an award to the responsible Quoter, whose quote is most advantageous to the Government, price and other factors considered. Accordingly, since it may be in the best interest of the Government to consider award to other than the lowest priced Quoter or other than the highest technically rated Quoter, the Government will use a best value approach. Evaluations will be based solely on the materials included in the quote. Therefore, the Respondent's initial quote should contain the best terms. Quoters must include a completed copy of ATTACHMENT 5 – IHS IEE REPRESENTATION FORM with each quote. After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation 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. Evaluation Factor 1: Price. Respondent shall remit a copy of ATTACHMENT 1. Price quotation shall include all necessary supervision, management, labor, transportation, equipment, materials, shipping, any other incidental costs, overhead and profit. Evaluation Factor 2: Demonstrated Prior Experience The Government will assess its level of confidence that the contractor will successfully perform the requirements based on the Quoter's relevant demonstrated prior experience providing Nutritionist services in a clinical setting. This evaluation of this factor is based on the demonstrated prior experience presented by the Quoter, and how closely it aligns with the SCOPE OF WORK detailed in ATTACHMENT 2. Quoters are requested to provide/reference up to three (3) recent examples of demonstrated prior experience in their submission with accurate and up to date contact information for the respective customers. Quoters are encouraged to submit experience performed as a prime, through teaming agreements, or as the sole sub-contractor on the relevant projects. Depending on the circumstances, more weight may be given to experience serving as the prime contractor. Evaluation Factor 3: Past Performance The Government will assess its level of confidence that the contractor will successfully perform the requirements based on the Quoter's Past Performance. In addition to any information provided by the references submitted by the Quoter under Evaluation Factor 2, past performance information based on the Government’s knowledge of and previous experience with the Quoter, or another reasonable basis, may be considered when evaluating the Quoter’s Past Performance. Quoters without a record of relevant past performance will be assigned a neutral rating on this evaluation factor. EVALUATION PROCESS All quotes shall be evaluated by the Government in accordance with the factors and criteria established above. The government will conduct a comparative evaluation to select the contractor that is best suited and provides best value, considering the evaluation factors in this solicitation. 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 provide satisfactory performance at a cost that is considered fair and reasonable and/or economically feasible. A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote, 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. Quotes are due by January 28, 2024 at 5:00 PM PST by email to jacob.blalock@ihs.gov and PORAOAcquisition@ihs.gov. E-mail subject line shall include the solicitation number “75H71325Q00002/VENDOR NAME”. For information regarding this solicitation, contact Jacob Blalock by email at jacob.blalock@ihs.gov and copy PORAOAcquisition@ihs.gov. Questions by telephone will not be considered.
Data sourced from SAM.gov.
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