Inactive Indian Small Business Economic Enterprise (ISBEE) Set-Aside (specific to Department of Interior and Indian Health Services)

COMBINED SYNOPSIS/SOLICITATION TEMPLATE IAW FAR 12.603 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additi... COMBINED SYNOPSIS/SOLICITATION TEMPLATE IAW FAR 12.603 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included I this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation no. IHS1509878 is issued as an request for quotation (RFQ). The solicitation document incorporates provisions and clauses that are those in effect through Federal Acquisition Circular (FAC) 2025-03, effective January 17, 2025. The solicitation is a Indian Small Business Economic Enterprise under North American Industry Classification System (NAICS) code 333414 with an associated small business size standard of 500. SCHEDULE OF ITEMS CLIN NO. Description Quantity Rate Price Extended Price 1) DXS45LASA46/50 (Cross Reference # For Original PT #) 364 49094 215 Compressor-1460 LBS (New Unit) 1 Rate 2) Shipping 1 Rate TOTAL Specifications will be included as an attachment. The delivery is 45 days after award date. The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023), applies to this acquisition. Addenda are included. 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021). All offers must include information and submitted at or before the date and time specified in this solicitation. 52.212-1(b) Submission of Offers. Email offer directly to the Contracting Officer for this action is: Whitney Shorty, Contract Specialist, 928-725-9806, whitney.shorty@ihs.gov. Limit offer size to 6MB. All questions shall be submitted in writing 5 days prior to closing/response date. To be considered for award, your offer shall include the following documents or it will be non-responsive and removed from award consideration: Pricing: Complete and sign Fee Schedule (attached). The Government will consider competitive rates upon negotiation. Provide your Quotation Specifications: Products must meet the Specifications requirements Provide a completed IHS IEE Representation Form attachment. The provision at 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following factors shall be used to evaluate quotes: The Government reserves the right to issue a single award or multiple awards to contractor(s) whose quote represents the best value as defined by FAR 2.101. In determining best value, Lowest Price Technically Acceptable, Price and other Evaluation Factors will be considered: Specification. The Evaluation Factors and significant sub factors when combined are significantly more important than cost or price. The socio-economic status of an offer may also be considered, should one or more quotes represent the best value. Quoters must include with its quote a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024)[DEVIATION FEB 2025]. The following Federal Acquisition Regulation provisions also apply: 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT OCT 2020 52.211-6 BRAND NAME OR EQUAL AUG 1999 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE www.acquisition.gov/browse/index/far, www.acquisition.gov/hhsar FEB 1998 The following Department of Health and Human Services Acquisition Regulation provisions also apply: 352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY NOTICE DEC 2015 352.223-71 INSTRUCTION TO OFFERORS – SUSTAINABLE ACQUISITION DEC 2015 52.226-7 INDIAN ECONOMIC ENTERPRISE REPRESENTATION MAR 2022 (a) The offeror must represent as part of its offer that it does meet the definition of Indian Economic Enterprise (IEE) as defined in HHSAR 326.601 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately, via email, if there is any ownership change affecting compliance with this representation. (b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form or any successor forms through which the offeror will certify that the ownership requirements defined by HHSAR 326.601 are met. (c) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set-aside under the Buy Indian Act is a violation of the law punishable under 18 U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287. (End of provision) The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. Addenda are included. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025)[DEVIATION FEB 2025], applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition: Clause No. Clause Name Clause Date 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 Jun 2010 52.203-17 Contractor Employee Whistleblower Rights Nov 2023 52.204-27 Prohibition on a ByteDance Covered Application June 2023 52.209-6 Protecting the Governments Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded Jan 2025 52.219-28 Postaward Small Business Program Representation Jan 2025 52.222-3 Convict Labor Jun 2003 52.222-19 Child Labor – Cooperation with Authorities and Remedies Jan 2025 52.222-50 Combating Trafficking in Persons Nov 2021 52.225-1 Buy American Supplies Oct 2022 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities Nov 2024 The following Federal Acquisition Regulation clauses also apply: 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020 52.237-2 PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND VEGETATION APR 1984 52.252-2 CLAUSES INCORPORATED BY REFERENCE www.acquisition.gov/browse/index/far, www.acquisition.gov/hhsar FEB 1998 The following Department of Health and Human Services Acquisition Regulation clauses incorporated by reference also apply: 352.223-70 SAFETY AND HEALTH DEC 2015 352.224-71 CONFIDENTIAL INFORMATION DEC 2015 352.226-1 INDIAN PREFERENCE DEC 2015 352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY DEC 2015 352.237-75 KEY PERSONNEL DEC 2015 352.226-4 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE MAR 2022 Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR §??352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website ( www.IHS.gov/DAP ), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected. (End of clause) 352.226-6 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING LIMITATIONS MAR 2022 (a) Definitions as used in this clause. (1) 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: The combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. 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: (i) At the time an offer is made in response to a written solicitation; (ii) At the time of the contract award; and (iii) During the full term of the contract. (2) Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (3) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. (b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14, Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise. (c) Any work that an IEE subcontractor does not perform with its own employee shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting. (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 Service 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 general services, A&E services and construction awarded under this contract. (End of clause) 352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS FEB 2022 (a) Definitions. As used in this clause – Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request. (End of Clause) The following local Indian Health Service, Gallup Service Unit special instructions also apply: NAIHS-ACQ-08 CONTRACTING OFFICER’S REPRESENTATIVE AUG 2022 (a) Definition. “Contracting Officer’s Representative (COR)” means an individual designated in by the Contracting Officer as authorized personnel responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (b) Per FAR Subpart 1.602-2(d): The Contracting Officer (CO) determines that this contract requires a Contracting Officer Representative (COR).The Contracting Officer Representative (COR) is: TBD at time of award. (c) Upon award, the COR will receive a copy of the written designation, specifying the extent of the COR’s authority on behalf of the CO. (d) Limitations. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. Any contractor request for changes shall be referred to the CO directly or through the COR. No such changes shall be made without the express written prior authorization of the CO. (End of Clause) NAIHS-ACQ-09 UNAUTHORIZED COMMITMENTS SEP 2023 (a) Definitions. Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determination and findings. Ratification means the act of approving an unauthorized commitment by an official who has the authority to do so. Unauthorized Commitment (UAC) means an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government. (b) Policy. The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer (see FAR 1.602-1) Government employees responsible for unauthorized commitments are subject to disciplinary action. Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter. (c) Procedure. Any agreement, modification, or change to a contractual agreement made by a government personnel who lack authority will be deemed an unauthorized commitment. The Government is not liable to the Contractor or under the terms of the contract, financially or otherwise – unless the unauthorized commitment successfully passes the ratification process. The ratification process does not have any lead time, nor does the Government make any promise that an unauthorized commitment will be ratified and, therefore, the Contractor would be paid. The Contractor proceeds at its own risk if any of the terms of the contract are altered, changed, or modified without the written concurrence by a Contracting Officer. (End of Clause) Offers are due: April 10, 2025 at 5:00 PM MST For additional information or questions about the solicitation, contact Whitney Shorty, Contract Specialist at 928-725-9806 or whitney.shorty@ihs.gov. Attachments: Specifications IHS IEE Representation Form