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 in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation number for this procurement is 140A0318Q0102, and is issued as a Request for Quote (RFQ). Please email your quote by 12:00 pm (CST) Thursday, July 26, 2018
The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95 dated January 19, 2017.
This solicitation is an Indian Small Business Economic Enterprise (ISBEE) set-aside. Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your quote, you must complete and return DIAR Clause 1452.280-4 (see below in clauses/provisions).
The associated North American Industry Classification System code (NAICS) is 332618 and the size standard is 500 employees
The Bureau of Indian Affairs, Southern Plains Regional Office, intends to award a firm-fixed price contract for the following:
010: Wooden Brace posts
6 in diameter x 7 in length
020: Wooden Line Posts
4 in diameter x 7 in length
030: Barbed wire
12.5 gauge American made wire 1360 /per roll
Quantity: 151 rolls
6ft 1.25 lb/ft
American made steel t-posts with 5 clips per posts
ASTM A702 certified
Weatherford SMC Unit, 1409 East Main St, Weatherford Ok 73096
Shall include cost of delivery, offloading and stacking of materials in designed area.
Contractor shall call before delivering the materials. To ensure an employee is there to receive the materials.
The materials shall be offloaded from the delivery vehicle and stacked in a neat manner at the designated area. A forklift or other similar piece of equipment will be required for offloading and stacking. The agencies does not have the man power or the equipment to unload materials.
Wire will be no more than 2 pallets high. Posts will be no more than 5 feet high, so maybe 3 or 4 bundles high. End Result, we have to be able to reach the top of the stacks while standing on the ground. No more than 5 feet high for any stack. The space is small and all stacks will be on ground level, but stacking on top of each other will be necessary in order to make it all fit.
For full review of the clauses/provisions please visit www.acquisition.gov
PROVISION FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS, applies to this acquisition.
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made using a Lowest Price Technically Acceptable (LPTA) approach; the Government will award to the lowest priced offeror that is determined technically acceptable. The following factors shall be used to evaluate offers:
Factor 1: Technical Capability
Factor 2: Price
Technical capability is equal to price.
(b) Factor 1: Technical Capability
1. Technical capability of the item offered to meet the Government requirement shall be evaluated based on an evaluation of Technical Capability Factor; the factor will be rated as "Technically Acceptable" or "Technically Unacceptable."
2. Offeror shall meet all the requirements in RFQ and submit documentation to verify.
3. "Technically Acceptable" is defined as the item offered to the Government that meets the minimum requirements of the solicitation.
4. "Technically Unacceptable" is defined as the item offered to the Government that does not meet the minimum requirements of the solicitation.
(c) Factor 2: Price
1. Price will be evaluated in order to determine if it is reasonable in accordance with FAR Parts 13.106-3 and 15.402(a)(2). Offers should be sufficiently detailed to demonstrate their reasonableness.
(d) AWARD PROCESS:
1. The Government will first evaluate all quotations to ensure the quotation complies with all material aspects of the request for quotation thereby being determined as either "Responsive" or "Non-Responsive."
2. Responsive quotes will then be submitted for Technical Evaluation to determine those that are either "Technically Acceptable" or "Technically Unacceptable."
3. "Technically Acceptable" quotations will be then ranked according to Price.
4. The lowest priced offeror who is technically acceptable will receive the award.
FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEM
All terms and conditions identified under this FAR Clause are applicable to this Request for Quotation.
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS and FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION), applies to this acquisition. The clauses cited within this clause as indicated below are applicable: 52.203-6, 52.219-8, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-50, 52.223-3, 52.223-18, 52.225-1, 52.225-13, 52.232-33, 52.233-3, 52.233-4.
FAR Clauses incorporated by reference: 52.204-7, 52.211-6, 52.217-8, 52.223-3, 52.232-1, 52.232-17, 52.232-25, 52.232-39, 52.243-1, 52.244-6, 52.246-2, 52.246-16, 52.247-34, 52.249-1 and 52.249-8.
SUPPLIES (MAY 2014)
(a) Definitions. As used in this clause
Commercially available off-the-shelf (COTS) item
(1) Means any item of supply (including construction material) that is
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into an end product.
Cost of components means
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
Domestic end productA? meansA?
(1) An unmanufactured end product mined or produced in the United States;
(2) An end product manufactured in the United States, if
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or
(ii) The end product is a COTS item.
End product means those articles, materials, and supplies to be acquired under the contract for public use.
Foreign end product means an end product other than a domestic end product.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)).
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled Buy American Certificate.
(End of clause)
52.225-2 Buy American Certificate.
As prescribed in 25.1101(a)(2), insert the following provision:
BUY AMERICAN CERTIFICATE (MAY 2014)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item,
domestic end product,
foreign end product, and United States are defined in the clause of this solicitation entitled Buy American
(b) Foreign End Products:LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.
(End of provision)
1452.280-1 Notice of Indian small business economic enterprise set-aside. (JUL 2013)
Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected.
1452.280-2 Notice of Indian economic enterprise set-aside. (JUL 2013)
(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.
(1) Under the Buy Indian Act, offers are solicited only from Indian economic enterprises.
(2) BIA 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 section 1452.280-3, 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 DIAR 1452.226-70, Indian Preference, or DIAR 1452.226-71, 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 Affairs that it will comply, or has, complied fully with the requirements of this clause. It must do this before Indian Affairs awards the Buy Indian contract, and upon successful and timely completion of the contract, but before the Indian Affairs 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 Affairs to find an offer non-responsive and to reject it.
(1) Participation in the Mentor-Protege 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 Affairs may consider termination for default if it is in the best interest of the government.
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:https://www.acquisition.gov/?q=browsefar
1452.280-4 Indian Economic Enterprise Representation (JUL 2013)
The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 1480.201.
1452.233-2 Service of Protest
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing 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.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The 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 firstname.lastname@example.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
OMB MEMORANDUM M-11-32 Accelerating Payments to Small Businesses for Goods and Services
This policy requires agencies to accelerate payment to small business prime contractors to the full extent permitted by law with the goal of making payment within 15 days of receipt of a proper invoice. In return, prime contractors are expected to accelerate payment to small business subcontractors when they receive accelerated payments from the Government.
All questions shall be submitted via email to sara watkins at email@example.com. NO PHONES CALLS PLEASE. Please reference solicitation number 140A0318Q0102 in subject line of the email. Quotes are due on Thursday, 26, July 2018 at 12:00 pm (CST). Quotes may be sent via email firstname.lastname@example.org. Quotes shall be good for 30 calendar days after close of RFQ.
Offerors should check the FedConnect websites often for any solicitation amendments.
This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award and shall have NAICS code of 333415 listed in their registration. Or the will be award will be awarded to the next responsive offeror.
End of Solicitation
Deadline: Thursday, July 26, 2018
Date Published: Monday, July 16, 2018
Date Updated: Monday, July 16, 2018