Inactive Buy Indian Set-Aside (specific to Department of Health and Human Services, Indian Health Services)

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 anno... 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. 75H71321Q00020 has been issued as a Request For Quotation for a firm fixed price commercial items for a supply contract for Blood Pressure Cuff, with six separate delivery locations in the states of Oregon Washington, and Idaho. The required delivery shall be within 30 days from date of award, F.O.B. Destination. BLOOD PRESSURE CUFF. BP Measure X, brand name or equal: Digital upper arm blood pressure monitor, one button measurement, ASP core technology, large LCD digital display, allows recording, with 2x90 sets memory of measurement values, runs with batteries, auto power-off, compact and lightweight. 1598/EA x $__________ = $________________ Delivery quantity and locations are as follows: 841/EA to Warm Springs Health & Wellness Center, 1270 Kot-num Road, Warm Springs, OR 97761 7/EA to Chemawa Indian Health Center, 3750 Chemawa Road NE, Salem, OR 97305. 50/EA to David C. Wynecoop Memorial Clinic, 6203 Agency Loop, Wellpinit, WA 99040 200/EA to Yakama Indian Health Clinic, 401 Buster Road, Toppenish, WA 98948 300/EA to Colville Service Unit, 19 Lakes Street, Nespelem, WA 99144. 200/EA to Fort Hall Service Unit, Mission Road, Fort Hall, ID 83202. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 dated 03/10/2021. This procurements subject to NAICS #423450, medical, dental, and hospital equipment and supplies merchant wholesalers. Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises. 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: technical, past performance and price. 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: 52.222-21, Prohibition of Segregated Facilities (APR 2015). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513), 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83), 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332). NOTICE of Indian Economic Enterprise Set-aside (a) Definitions as used in this clause. Indian means a person who is a member of an Indian Tribe or “Native” as defined in the Alaska Native Claims Settlement Act (PL 92-203; 85 Stat. 688; 43 U.S.C. 1601). Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit, provided that: (i) The combined Indian or Indian Tribe ownership shall constitute not less than 51 percent of the enterprise; (ii) the Indians or Indian Tribes shall, together, receive at least a majority of the earnings from the contract; and (iii) the management and daily business operations of an Indian economic enterprise must be controlled by one or more individuals who are members of an Indian Tribe. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods: (1) At the time an offer is made in response to a written solicitation; (2) At the time of contract award; and, (3) During the full term of the contract. Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, including any Alaska Native village, regional or village corporation established under the Alaska Native Claims Settlement Act (PL 92-203, 85 Stat. 688; 43 U.S.C. 1601). Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in Subpart 1480.8. (b) General. (1) Under the Buy Indian Act, offers are solicited only from Indian economic enterprises. (2) IHS will reject all offers received from ineligible enterprises. (3) Any award resulting from this solicitation will be made to an Indian economic enterprise, as defined in paragraph (a) of this clause. (c) Required Submissions. In response to this solicitation, an offeror must also provide the following: (1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by IHM interim Subcontracting Limitations clause; (2) A description of the source of human resources for the work to be performed by the offeror; (3) A description of the method(s) of recruiting and training Indian employees, indicating the extent of soliciting employment of Indian persons, as required by HHSAR 352.226-1, Indian Preference, or HHSAR 352.226-2, Indian Preference Program, clause(s); (4) A description of how subcontractors (if any) will be selected in compliance with the “Indian Preference” or “Indian Preference Program” clause(s); (5) The names, addresses, and descriptions of work to be performed by Indian persons or economic enterprises being considered for subcontracts (if any) and the percentage of the total direct project work/costs they would be performing; (6) Qualifications of the key personnel (if any) that will be assigned to the contract; and (7) A description of method(s) for compliance with any supplemental Tribal employment preference requirements, if contained in this solicitation. (d) Required Assurance. The offeror must provide written assurance to the Indian Health Service that it will comply, or has, complied fully with the requirements of this clause. It must do this before Indian Health Service awards the Buy Indian contract, and upon successful and timely completion of the contract, but before the Indian Health Service Contracting Officer (CO) accepts the work or product. (e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause Indian Health Service to find an offer non-responsive and to reject it. (f) Eligibility. (1) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian economic enterprise ineligible for contracts awarded under the Buy Indian Act. (2) If a contractor no longer meets the definition of an Indian economic enterprise after award, the contractor must notify the CO in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. Failure to give the CO immediate written notification means that: (i) The economic enterprise may be declared ineligible for future contract awards under this part; and (ii) Indian Health Service may consider termination for default if it is in the best interest of the government. (End of provision) Subcontracting Limitations (a) Definitions as used in this clause. (1) Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas. (2) Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract. (3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. It includes subcontractors at any tier who perform work on the contract. (b) Required Percentages of work by the concern. For general construction and construction by special rate contractors, the contractor must comply with FAR 52.219-14 Limitations on Subcontracting clause in allocating what percentage of work to subcontract. For services (except construction) and supplies (other than procurement from a non-manufacturer of such supplies), no more than 50 percent may be subcontracted to a concern other than a responsible Indian economic enterprise. (c) Indian Preference. Regardless of the contract type for services, supplies, or covered construction, the contractor agrees to give preference to Indian organizations and Indian owned economic enterprises in awarding subcontracts under this contract in accordance with HHSAR 352.226-1, Indian Preference. (d) Cooperation. The contractor must: (1) Carry out the requirements of this clause to the fullest extent; and (2) Cooperate in any study or survey that the CO, Indian Health Services, or its agents may conduct to verify the contractor's compliance with this clause. (e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, services, and construction awarded under this contract. (End of provision) Indian Economic Enterprise Representation The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in IHM 5-5.6.F.1. Approval: __________________________________________________ Date (End of provision) 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: https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html 52.223-6, Drug-Free Workplace (May 2001), 52.224-1, 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), 52.233-3, Protest after Award (Aug 1996) DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES: 352.224-70, Privacy Act (Dec 2015)[DR(3] , 352.226-1, Indian Preference Retrieve information from www.acquisition.gov (a) The contracting officer shall insert the clause at 352.224-70, Privacy Act, in solicitations, contracts, and orders that require the design, development, or operation of a system of records to notify the contractor that it and its employees are subject to criminal penalties for violations of the Privacy Act (5 U.S.C. 552a(i)) to the same extent as HHS employees. The clause also requires the contractor to ensure each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and each contractor employee is aware that he or she is subject to criminal penalties for violations of the Privacy Act. These requirements also apply to all subcontracts awarded under the contract or order that require the design, development, or operation of a system of records.