Combined Synopsis/Solicitation (FAR 12.603) – Streamlined Solicitation for Commercial Items
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. 75H71324Q00060 has been issued as a Request For Quotation for a firm fixed price commercial service and supply contract for Medical Exam Tables and Stools. See the attached Schedule of Items for a description of the equipment’s to be provided. The place of delivery is 33 N. Mission Road, Fort Hall, Idaho 83203.
This requirement is Native American Owned Small Business Set Aside. The NAICS Code is 337127 and the small business size standard is 2,686.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06 dated October 5, 2023. The provision at 52.212-1, Instructions to Offerors – Commercial AND 52.211-6 Brand Name or Equal, 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 (Jun 2020)
52.204-7, System for Award Management (Oct 2018)
52.209-5, Certification Regarding Responsibility Matters (Oct 2015)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony conviction under any Federal Law (Feb 2016)
52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021)
52.212-5, Contract Terms and Conditions Required To Implement Statues or Executive Orders – Commercial Items (Jan 2022)
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)
52.224-1, Privacy Act Notification (Apr 1984)
52.224-2, Privacy Act (Apr 1984)
52.229-3, Federal, State, and Local Taxes (Feb 2013)
52.229-4, Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013)
52.232-1, Payments (Apr 1084)
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)
52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
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 a
solicitation provision may be accessed electronically at this address: http://www.acquisition.gov.
ATTACHMENTS:
ATTACHMENT 1 – SF-1449 75H71324Q00060
ATTACHMENT 2 – PRICE SCHEDULE
ATTACHMENT 3 – SPECIFICATION SHEET EXAM TABLES AND STOOLS
ATTACHMENT 4 – SOLICITATION CLAUSE AND PROVISIONS
ATTACHMENT 5 – INDIAN HEALTH SERVICE IEE REPRESENTATION FORM
QUOTATION INSTRUCTIONS:
The Government intends to award a contract to the responsible vendor who quotes the lowest price for the equipment’s detailed on Specification Sheet and Pricing Schedule. Evaluations will be based solely on the materials included in the Quote. Therefore, the Respondent's initial Quote should contain the best terms. During the 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. Respondent shall submit a price quote and a completed copy of ATTACHMENT 1 – IEE REPRESENTATION FORM. Price quotation shall include all necessary supervision, management, labor, transportation, equipment, materials, shipping, any other direct incidentals costs, overhead and profit.
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 requirement 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
August 23, 2024 at 5:00 PM EST by email to Dulcey.Evening@ihs.gov and Sheila.Sells@ihs.gov. E-mail subject line shall include the solicitation number “75H71324Q00060/VENDOR NAME”. For information regarding this solicitation, contact Dulcey Evening by email at Dulcey.Evening@ihs.gov and copy Sheila.Sells@ihs.gov. Questions by telephone will not be considered.
