Description
The Watonga Indian Clinic, has a 100% small business set-aside, Buy Indian certified, requirement for full-time Physical Fitness Instructor services. This combined synopsis/solicitation includes pertinent information for submitting a quote. The closing date for quotes and quote documents is January 16, 2009. Quotes are to be mailed to Edson Yellowfish, Contract Specialist, Indian Health Service, 701 Market Drive, Oklahoma City 73114, or faxed to Mr. Yellowfish at 405-951-3771. NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause. 52.204-7, CENTRAL CONTRACTOR REGISTRATION, APR 2008 52.204-9, PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL, SEP 2007 52.223-6, DRUG-FREE WORKPLACE, MAY 2001 52.222-35, EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS, SEP 2006 52.222-37, EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS, SEP 2006 52.224-1, PRIVACY ACT NOTIFICATION, APR 1984 52.224-2, PRIVACY ACT, APR 1984 52.233-4, APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM, OCT 2004 52.237-1, SITE VISIT, APR 1984 52.237-2, PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION, APR 1984 52.243-1, CHANGES--FIXED PRICE, AUG 1987, ALTERNATE I (APR 1984) HHSAR CLAUSES: 352.270-2, INDIAN PREFERENCE, APR 1984 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 713940. (2) The small business size standard is $6M. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Include with quote FAR Clause #, Title, Date, Change, as applicable. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. 52.213-2 INVOICES (APR 1984) The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state (a) the starting and ending dates of the subscription delivery, and (b) either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment. 52.213-4 TERMS AND CONDITIONS - SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FEB 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). (iv) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (Jul 2002). (vi) 52.244-6, Subcontracts for Commercial Items (FEB 2006). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) (Applies to contracts of $25,000 or more). (vi) 52.222-41, Service Contract Act of 1965, As Amended (JUL 2005) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (AUG 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro- purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.) (ix) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2005) (Applies to contracts over $25,000). (ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) 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(es): (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. STATEMENT OF WORK PHYSICAL FITNESS INSTRUCTOR INTRODUCTION: This requirement is located in the USPHS Clinton Service Unit, Public Health Nursing (PHN) Department at Watonga Indian Health Clinic, Route 1 Box 34-A, Watonga, OK 73772. The purpose of this requirement is to provide Tae Kwon Do instruction for the Healthy Heart PHN grant. The Clinton Service Unit includes Clinton Indian Health Clinic, Watonga Indian Health Clinic, and EI Reno Indian Health Clinic. SCOPE: This person shall be a black belt in Tae Kwon Do and instructor status in Tae Kwon Do. This person shall teach Tae Kwon Do to the Cheyenne & Arapaho Head Start Children, ages 3-5. MAJOR DUTIES: The Contractor shall conduct/instruct Tae Kwon Do classes each week in each of the Head Start Centers. There are eight classes total with three classes at Concho Center, three classes at Clinton Center, and two classes at Canton Center. Each class will be 30 minutes long. The Contractor shall have reliable transportation and report to each center 30 minutes prior to class to set up and take attendance to be used for grant reports. Class times are 11:00 to 12:30 am. Driving time is 1 hour each way. The contract work schedule is 8:00 AM to 5:00 PM Monday through Friday for up to but not to exceed 40 hours/week. The work schedule is subject to change based on program needs as determined by the Healthy Heart Project Officer. The contract performance period is one year beginning on the date of award. The Contractor shall report to the PHN office in Watonga as needed/directed by the Project Officer. Office space for the Contractor will be provided by the contractor due to limited space at the Head Start Centers and at the Clinton Service Unit Clinics. The Government will provide fitness equipment and supplies needed. The Cheyenne & Arapaho Head Start Centers will obtain parental permission slips for fitness activities. Contractor must be able to pass a background investigation. Other Fitness duties will be working with the Healthy Heart Grant Team to develop physical fitness programs with older children (grade school and above). Contractor must possess current CPR certification or obtain such certification within 60 days of contract award. TECHNICAL-QUALIFICATION FACTORS: Contractor shall be a Tae Kwon Do 3rd Degree Black Belt or above and be at the instructor level. MONITORING CONTROLS: Contract work shall be monitored by the Healthy Heart Team Project Officer and the Healthy Heart Team Leader. Instructions will be given on the assignments and the limitations, deadlines, and how the work is to be completed. The Contractor works independently in carrying out most assignments. Further instructions will be provided when unusual assignments present problems. Work will be reviewed for quality and compliance with established procedures. GUIDELINES: The employee will be able to follow instructions as needed. COMPLEXITY: The Contractor shall be a Tae Kwon Do 3rd Degree black belt and be able to instruct Tae Kwon Do. PERSONAL CONTACTS: Personal contacts will primarily be with the Head Start Children, Head Start Teaching Staff, Head Start Center Directors, and the Healthy Heart Team. Contacts are for such purposes as teaching the children, interacting with the teachers to take daily attendance, giving and receiving information, reporting progress or problems. PHYSICAL DEMANDS: This is a physically demanding job teaching Tae Kwon Do to Head Star Children. It also requires patience to work with this age child. WORK ENVIRONMENT: Work is performed in the Head Start centers where there is moderate exposure to Communicable Diseases with moderate risks and discomforts. It is suggested that the Contractor get a yearly flu shot and perhaps the HEP A Series. OTHER: The requirement is not subject to the Service Contract Act as the contractor will be performing as an independent contractor. EVALUATION CRITERIA Technical as well as price will be a deciding factor for award of a purchase order. THE INDIAN HEALTH SERVICE WILL NOT CONSIDER YOUR QUOTE FOR AWARD IF YOU FAIL TO RESPOND TO THESE EVALUATION CRITERIA AS FOLLOWS: A. Provide an updated resume; B. Register in the Central Contractor Registration (CCR) database (reference www.ccr.gov.) C. Propose and provide an all inclusive hourly rate for services. The estimated quantity is 1900 hours for an eleven month period. The estimated date of award is January 26, 2009. D. Provide verification of Buy Indian certification or Certification of Degree of Indian Blood. E. Provide a Temporary Waiver of Character Investigation.