(i) 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; quotes are being requested.
(ii) This is a request for Quotation (RFQ), which is being issued via solicitation number 75H70419Q00041.
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.
(iv) This requirement is an Indian Small Business Economic Enterprise (ISBEE) or Indian Small Business Firm set-aside and the associated NAICS is 511210, Software Publishers, with size standard of $38.5 million. Non-ISBEE or Indian Small Business Firm offerors will not be considered for the award. Offeror is required to submit a completed Indian Firm Representation Form, which is included in this solicitation.
(v) The Contract Line Items (CLINs), pricing structure, and documentation requirements can be found in the Statement of Work (SOW) attachment.
(vi) The Indian Health Service (IHS) plans to purchase Veritas Enterprise Net Backup Software licenses, which is a software license that allows the Indian Health Service (IHS) Headquarters Data Centers to support multiple operating systems as well as providing for the agents required for support both physical and virtual servers.
Contract 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 these address(es):
http://farsite.hill.af.mil/
https://www.acquisition.gov/brouse/index/far
_____________________________________
[Insert one or more Internet addresses]
(End of Clause)
Clause
Title
52.202-1
Definitions (Nov 2013)
52.212-4
Contract Terms and Conditions Commercial Items (Oct 2018)
52.212-5
Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2019).
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
(6) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(7) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(8) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
(9) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(10) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(11) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(12) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(13) 52.222-19, Child Labor Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
(14) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(15) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(16) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(17) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(18) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
(19) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(20) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(21) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
(22) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
(4) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(5) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(d) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause
(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(2) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(3) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(4) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(5) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(6) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(7) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(8) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(9) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(10) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(11) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(12) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(13) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(14) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(17) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.
(18) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(19) 52.209-11, Representation by Corporations Regarding Delinquent
Tax Liability or a Felony Conviction under any Federal Law
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
The following Department of Health and Human Services Acquisition Regulation
(HHSAR) clauses are incorporated into this request for quote (RFQ)
326.6
Acquisitions Under The Buy Indian Act, 25 U.S.C. 47
352.215-70
Late Proposals and Revisions (Dec2015)
352.223-71
Instructions to Offerors Sustainable Acquisition (Dec 2015)
352.226-1
Indian Preference (Dec 2015)
352.226-2
Indian Preference Program (Dec 2015)
352.226-3
Native American Graves Protection and Repatriation Act (Dec 2015)
Contract Provisions
Provision
Title
52.212-1
Instructions to Offerors Commercial Items
52.212-2
Evaluation Commercial Items (Oct2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This requirement will be evaluated in accordance with FAR 15.101-2 -- Lowest Price Technically Acceptable (LPTA)
52.212-3
Offeror Representations and Certifications -- Commercial Items (Oct 2018).
Quotes are due by 5:00 PM EST on June 10, 2019. Email the quotes to natasha.royal@ihs.gov, and daniel.rosenstengel@ihs.gov. Questions are due on June 7, 2019 by 12:00 p.m. EST. Offeror must confirm IHS' receipt of their quotes.
Primary POC is Natasha Royal, Contract Specialist, natasha.royal@ihs.gov.
Secondary POC is Daniel Rosenstengel, Contracting Officer, daniel.rosenstengel@ihs.gov.
