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 or services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notic... This is a combined synopsis/solicitation for commercial items or services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 75H70721Q00026 and is issued as a Request for Quotes (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industrial Classification System (NAICS) code for this procurement is 339113 with a small business size standard of 750. This requirement is a 100% Set-Aside for a Small Business Indian Firm (SBIF) concerns with a cascading set-aside for Other Small Business Concerns and only quotes from qualified offerors will be considered. See Clause titled, “Cascading Set-Aside” for more information. Only one award will result from this solicitation. FOB Destination shall be Zuni, New Mexico, 87327. The Indian Health Service requires the following item, Brand-Name or Equal to, meet or exceed the following: The contractor shall furnish all parts, supplies, material, labor, equipment: LI 001: Procedure chair, standard base, Quantity two **see attached SOW LI 002: Upholstery kit, Seamless 550, Premium black, Quantity two LI 003: State taxes for labor/service costs. (The Indian Health Service is exempt from New Mexico State Taxes for materials and supplies.) DESCRIPTION OF SERVICES/SUPPLIES The contractor shall be in accordance with all Federal, State, Local, Tribal and IHS regulations and shall be made with minimal divergence from the schedule established and with minimum disturbance and maximum protection of government personnel, property and general public. Offers will be accepted for a “Brand Name or Equal to” MTI 550 Podiatry & Wound Care Chair will be accepted with the following specifications: Item# 550-001-80 550 Procedure Chair, Std Base, 100-240V Manufacturer: MTI (Medical Technology Industries, Inc. Product Name: MTI 550 Procedure Chair, Std Base Qty: 2 SPECS: 31 Smart Tech features- Powered back 0-85°, Power tilt 0-30°, Power foot 0-90° - 725 lb. patient capacity, Foot and hand control, Oval articulating headrest. ADA compliant. For Brand Name or Equal to offers, proposals must submit verification equivalent is a non-invasive testing measure. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty and detail that time period. Quote MUST be good for 90 calendar days after close of solicitation. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): FAR 52.219-6, FAR 52.222-3, 52.22219, 52.222-21, 52,222-26, 52.222-36, 52.222-50, 52.223-18, 52.222-1, 52.225-13. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. Cascading Set-Aside: Under the Buy Indian Act, 25 U.S.C. 47, though the transfer of authority from the Department of Interior to HHS, offers are being solicited from Small Business Indian Firms (see HHSAR Subpart 326.6) that are also small business concerns. If IHS does not receive two or more reasonably priced offers from the SBIF set-aside, IHS will then evaluate quotes and consider other offers based on a cascading set-aside. The following cascading set-aside is as follows listed by highest priority to lowest priority: First Tier: Small Business Indian Firm; Second Tier: Indian Owned Economic Enterprise; Third-Tier: Service Disabled Veteran-Owned Business; Fourth Tier: HubZone; Fifth Tier: all other Small Business Concerns. Offers received from firms that aren’t under these tiers will not be considered. Notice of Small Business Indian Firm Set-Aside clause (see HHSAR Subpart 326.6), (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 Firm means a sole enterprise, partnership, corporation, or other type of business organization owned, controlled, and operated by: (1) One or more Indians (including, for the purpose of sections 301 and 302 of Pub. L. 94-437, former or currently federally recognized Indian tribes in the State of New York); or (2) By an Indian firm (as defined in paragraph (1) of this definition); or (3) A nonprofit firm organized for the benefit of Indians and controlled by Indians (see 326.601(a)). Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and the ownership shall encompass active operation and control of the enterprise. To ensure actual control over the firm/enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The firm/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 HHSAR Subpart 326.6. (b) General. (1) Under the Buy Indian Act, offers for this acquisition will be solicited only from Small Business Indian Firms. (2) IHS will reject all offers received from ineligible firms (see cascading set-aside). (3) Any award resulting from this solicitation will be made to a Small Business Indian Firm, as defined in paragraph (a) of this clause (unless there is not enough competition and/or reasonably priced offers—then see cascading set-aside tiers). Requirements. (a) Indian ownership. Indian ownership shall constitute at least 51 percent of an Indian firm during the period covered by a Buy Indian contract. (b) Joint ventures. An Indian firm may enter into a joint venture with other entities for specific projects as long as the Indian firm is the managing partner. However, the contracting officer shall approve the joint venture prior to the award of a contract under the Buy Indian Act. (c) Bonds. In the case of contracts for the construction, alteration, or repair of public buildings or public works, the Miller Act (40 U.S.C. 3131 et seq.) and Federal Acquisition Regulation (FAR) part 28 require performance and payment bonds. Bonds are not required in the case of contracts with Indian tribes or public nonprofit organizations serving as governmental instrumentalities of an Indian tribe. However, bonds are required when dealing with private business entities owned by an Indian tribe or members of an Indian tribe. The contracting officer may require bonds of private business entities that are joint ventures with, or subcontractors of, an Indian tribe or a public nonprofit organization serving as a governmental instrumentality of an Indian tribe. A bid guarantee or bid bond is required only when a performance or payment bond is required. (d) Indian preference in employment, training and subcontracting. Contracts awarded under the Buy Indian Act are subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450e, which requires giving preference to Indians in employment, training, and subcontracting. (e) Subcontracting. A contractor shall not subcontract more than 50 percent of the work under a prime contract awarded pursuant to the Buy Indian Act to non-Indian firms. For this purpose, contract work does not include the provision of materials, supplies, or equipment. (f) Wage rates. The contracting officer shall include a determination of the minimum wage rates by the Secretary of Labor as required by the Davis-Bacon Act (40 U.S.C. 276a) in all contracts awarded under the Buy Indian Act for over $2,000 for construction, alteration, or repair, including painting and decorating, of public buildings and public works, except contracts with Indian tribes or public nonprofit organizations serving as governmental instrumentalities of an Indian tribe. Small Business Indian Firm Representation. The offeror represents as part of its offer that it does does not meet the definition of Indian Firm as defined in HHSAR Subpart 326.602. Indian Owned Economic Enterprise Representation. The offeror represents as part of its offer that it does does not meet the definition of an Indian Owned Economic Enterprise as defined in HHSAR Subpart 326.602. ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by email to the Buyer. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** All responsible Offerors that respond to this solicitation MUST submit: June 22, 2021 at 12:00 pm (MST). Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.