Inactive Total Small Business Set-Aside (FAR 19.5)

THIS ACQUISITION IS FOR 100% NATIVE OWNED SMALL BUSINESS SET ASIDE UNDER THE BUY INDIAN ACT (25 U.S.C.) The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of... THIS ACQUISITION IS FOR 100% NATIVE OWNED SMALL BUSINESS SET ASIDE UNDER THE BUY INDIAN ACT (25 U.S.C.) The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 14.80.201. The Bureau of Indian Affairs (BIA) is soliciting offers to procure Electrical/Utility Services for Four Wind School and Four Winds Stadium. This is a combined synopsis/solicitation for Utility Services in accordance with FAR 41.This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation No. herein cited will be procured under FAR Part 12, Acquisition of Commercial Items. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101. This acquisition is set aside 100% Indian Small Business Economic Enterprise (ISBEE). In order to participate in this solicitation, vendors MUST qualify under the following NAICS Code is _221112__. DESCRIPTION: Contractor shall provide Professional Developmental & Consult Services to the Jeehdeez¿a Elementary School; In Accordance With (IAW) the below Statement of Work (SOW). LN Product No. Description Electricity/Utility Services Base Year: Period of Performance: 1/1/2021 to 12/31/2021 ELECTRICTY SERVICES FOUR WINDS SCHOOL ACCOUNT # 02-035237, METER #(S) 67440317, 16582613, 67718744 FOUR WINDS STADIUM ACCOUNT # 02-057097, METER # 057097 Sub Total: Base Year: $_____________ Option Year: 1: Period of Performance 1/1/2022 to 12/31/2022 ELECTRICTY SERVICES FOUR WINDS SCHOOL ACCOUNT # 02-035237, METER #(S) 67440317, 16582613, 67718744 FOUR WINDS STADIUM ACCOUNT # 02-057097, METER # 057097 Sub Total: Option Year 1: $_____________ Option Year: 2: Period of Performance: 1/1/2023 to 12/31/2023 ELECTRICTY SERVICES FOUR WINDS SCHOOL ACCOUNT # 02-035237, METER #(S) 67440317, 16582613, 67718744 FOUR WINDS STADIUM ACCOUNT # 02-057097, METER # 057097 Sub Total: Option Year 2: $_____________ Option Year: 3: Period of Performance: 1/1/2024 to 12/31/2024 ELECTRICTY SERVICES FOUR WINDS SCHOOL ACCOUNT # 02-035237, METER #(S) 67440317, 16582613, 67718744 FOUR WINDS STADIUM ACCOUNT # 02-057097, METER # 057097 Sub Total: Option Year 3: $_____________ Option Year: 4: Period of Performance: 1/1/2025 to 12/31/2025 ELECTRICTY SERVICES FOUR WINDS SCHOOL ACCOUNT # 02-035237, METER #(S) 67440317, 16582613, 67718744 FOUR WINDS STADIUM ACCOUNT # 02-057097, METER # 057097 Sub Total: Option Year 4: $_____________ Include all Applicable Taxes GRAND TOTAL: $__________________ Statement of Work Four Winds Electricity Services I Background: The contractor shall provide electric utility services to the government facilities at: Four Winds Indian School and Four Winds Stadium, 7268 Highway 57, Fort Totten ND 58335. Permanent electric service in a manner and form that is consistent with (1) all applicable laws, regulations, permits, and electric codes, and (2) the facility's service requirement. Estimated annual service requirements are: Facility Account Number Meter Number(s) Estimated Maximum Demand (kWh) Estimated Total Annual Energy Consumption (kWh) Four Winds School 02-035237 67440317 16582613 67718744 611.0 2,279,021 Four Winds Stadium 02-057097 057097 52.7 16,400 II. The type of electric service required by the Government is [x]overhead [x]underground, 60 cycle/hertz, []single-phase []3-phase, [x]2-wire []3-wire []4-wire, []Delta-connected []Wyeconnected, alternating current. The normal delivery voltage shall be [x]120/240 []120/208 []240/480 [x]277/480 []_______ with an allowable variation of _5_ percent above or below normal. 1 . The Contractor shall meter electric service on the [X]primary []secondary side of the [X] Contractor [] Government-owned transformer(s) at 25/15 volts. All meters shall be installed by the Contractor in a manner that allows verification of billing determinants by Government personnel. The Contractor shall provide, own, and maintain facilities necessary to satisfy the service requirements of the Government facility. The Contractor shall provide and maintain the equipment listed in the table above, as required, to receive service. Equipment 2. The Contractor, at its expense shall furnish and install at all facilities required to supply electric utility service and measure such services at the delivery points specified. The equipment remains the property of the Contractor. The Contractor shall at all times during the life of this contract, operate and maintain such equipment at its expense, and shall assume all taxes and other charges in connection therewith. Said equipment shall be removed and the Government premises restored as near as practicable to their original condition, ordinary wear excepted, by the Contractor, at its expense, within a reasonable time after discontinuance of services under this contract. The Government shall assume any damage to the equipment (meters, etc.) owned by the Government. III. SECURITY REQUIREMENTS The contractor must follow the security process at the BIE facility. The COR will provide the necessary facility pass requirements, security clearance requirements, etc. The contractor is required to check in and out at the main office daily when entering and leaving the facility. BIE reserves the right to inspect all boxes, packages etc. coming into and exiting from any BIE facility. IV. ACCESS TO PREMISES The Contractor shall have access to the premises served at all reasonable times during the continuance of this contract and at its termination for the purpose of reading, meters, making installations, repairs, and removals of the Contractor¿s equipment, and for any other proper purposes hereunder; provided, however, that proper Governmental authority may limit or restrict such right of access in any manner considered by such authority to be necessary to advisable. V. GOVERNMENT POINT OF CONTACT Will be provided with awarded contract. END OF SOW CONTRACT CLAUSES The following clauses are applicable to this requirement: I.1. 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): FAR Clauses: www.acquisition.gov/browsefar and DIAR Clauses: https://www.doi.gov/pam/programs/acquisition/pamareg, then click Department of the Interior Acquisition Regulation Clause Title Date 52.202-1 Definitions Nov 2013 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractors Sales to the Government Sept 2006 52.203-7 Anti-Kickback Procedures May 2014 May 2014 52.203-8 Cancellation, Rescission, and Recover of Funds for Illegal or Improper Activity May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203-11 Certification and Disclosure Regarding Payments To Influence Certain Federal Transactions Sep 2007 52.203-12 Limitation on Payments to Influence Federal Transactions Oct 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Apr 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.209-2 Prohibition on Contracting with Inverted Domestic Corp--Representation Nov 2015 52.209-6 Protecting the Government¿s Interest When Subcontracting with Contractors, Debarred, Suspended, or Proposed for Debarment Aug 2013 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.215-8 Order of Precedence ¿ Uniform Contract Format Oct 1997 52.219-8 Utilization of Small Business Concerns Oct 2018 52.222-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-25 Affirmative Action Compliance Apr 1984 52.222-26 Equal Opportunity Sep 2015 52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Veterans Feb 2016 52.222-50 Combating Trafficking in Persons Mar 2015 52.222-54 Employment Eligibility Verification Oct 2015 52.223-5 Pollution Prevention and Right to Know Information May 2011 52.223-6 Drug Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications Aug 2018 52.229-3 Federal, State and Local Taxes Feb 2013 52.232-1 Payments Apr 1984 52.232-11 Extras Apr 1984 52.232-23 Assignment of Claims May 2014 52.232-25 Prompt Payment Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.233-1 Disputes May 2014 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.237-2 Protection of Government Buildings, Equipment, And Vegetation Apr 1984 52.237-3 Continuity of Services Jan 1991 52.241-2 Order of Precedence ¿ Utilities Feb 1995 52.241-4 Changes in Class of Service Feb 1995 52.241-5 Contractors Facilities Feb 1995 52.242-13 Bankruptcy Jul 1995 52.243-1 Changes-Fixed Price, Alternate I Aug 1987 52.246-25 Limitation of Liability-Services Feb 1997 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 I.2. FAR Clauses Incorporated in Full Text FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years. FAR 52.241-3 Scope and Duration of Contract (Feb 1995) (a) For the period January 1, 2019 to December 31, 2023, the Contractor agrees to furnish and the Government agrees to purchase Electric utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract. (b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date. (c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates. (d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective. (End of Clause) FAR 52.241-6 Service Provisions (Feb 1995) a) Measurement of service. (1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than 2 percent slow or fast shall be deemed correct. (2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than N/A days shall be prorated accordingly. (b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding N/A year(s) The Government has the right to have representation during the inspection and test. (Timing of inspection based on yearly kWh usage.) (2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than 2 percent slow or fast. (3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of 2 percent under normal operating conditions. (c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location. (d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than N/A hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge). (End of Clause) FAR 52.241-7 Change in Rates or Terms and Conditions of Service for Regulated Services (Feb 1995) (a) This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give the contracting officer, Raelynn Her Many Horses, written notice of (1) the filing of an application for change in rates or terms and conditions of service concurrently with the filing of the application and (2) any changes pending with the regulatory body as of the date of contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body having jurisdiction approves any changes, the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective. (b) The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s) shall not be in excess of the lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service. (c) In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations. (d) Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties. (End of Clause) I.3 DIAR Clauses DIAR 1452.201-70 Authorities and Delegations (Sep 2011) (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a POC at time of award. The POC will be responsible for technical monitoring of the contractor's performance and deliveries. The POC will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The POC is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the POC has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the POC's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the POC acting within his or her appointment, shall be at the Contractor's risk. (End of clause) DIAR clauses are herein incorporated as follows: DIAR 1452.280-1 Notice of Indian small business economic enterprise set-aside ;DIAR 1450-16-1Homeland Security Presidential Directive, DIAR, 1452.280-2; DIAR, 1452.280-3 Subcontracting limitations; DIAR, 1452.280-4 Indian economic enterprise representation; DIAR, 1480.102 Buy Indian Act acquisition regulations; DIAR, 1480.503 Commercial item or simplified acquisitions; DIAR 1480.601 Subcontracting limitations; DIAR, 1452.226-70, Indian Preference; DIAR, 1452.226-71, Indian Preference Program. Department of the Interior Acquisition Regulation (DIAR) is available at www.doi.gov/pam/aindex.html. The following DIAR applies to this solicitation: Electronic Invoicing and Payment Requirements Internet Payment Platform (IPP) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]: None. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. Provide DUNS# and Tax ID# with a signed and dated quote, along with a completed copy of FAR Clause 52.212-3, Offeror Representations and Certifications - Commercial Items and DIAR 1452.280-4, Indian Economic Enterprise Representation. These two documents (completed 52.212-3 and DIAR 1452.280-4) are required to be considered for award. The RFQ is to be submitted to Gertrude Bryant by email at Gertrude.bryant@bia.gov. Any further questions regarding this announcement may be directed to Gertrude Bryant, Contract Specialist, via email. All contractors submitting offers must be registered in the SAM Registration (SAM) to receive contracts and purchase orders from the Federal Government pursuant to FAR Clause 52.204-7. To register or learn more about the SAM, go to: http://www.sam.gov Award will be made to the lowest priced offeror, who's quote conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. END