PROVISION FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS, appliesto 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 bemade 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: PriceTechnical 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 toverify.
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 ITEMSThe offeror shall complete only paragraphs (b) of this provision if the Offerorhas 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 ITEMAll 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, 52.223-14, 52.223-15, 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, 52.217-9, 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 52.249-8.1452.280-1 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. Offersreceived 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 definedin 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 requisitemanagement 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 eligibilityfor 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) 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 performedby 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 compliancewith 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 thepercentage 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.(f) Eligibility.(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 awardedunder 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 notificationmust 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 fordefault 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 s 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 therequirements identified in the applicable Prompt Payment clause included in thecontract, 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 theIPP 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 ServicesThis 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 Ashley Warcewicz at Ashley.Warcewicz@bia.gov NO PHONES CALLS PLEASE. Please reference solicitation number 140A1518Q0014 in subject line of the email. Quotes are due on Thursday, April 26 at 5:00 pm (CDT). Quotes may be sent via email to Ashley.Warcewicz@bia.gov. Quotes shall be good for 30 calendar days after close of RFQ.
Offerors should check the FedBizOpps/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.
SET-ASIDE: Indian Small Business Economic Enterprises