RFQ-PR22-025-Solicitation.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law I 03-355).

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Commercial Item, Purchase Order in response to Request for Quote (RFQ) RFQ-PR22-025.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

2022-04 -01/30/2022.

D. This RFQ is issued as 100% Indian Economic Enterprise, Small Business, and the associated NAICS Code is 454310, which has a small business standard of 100 number of employees.

E. The quoted unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Complete the attached Specification Lists:

I. Total amount of one (1) Line Items on the Specifications List;

1. Red Dye Diesel Heating Fuel 8500 Gallons x $ ____ �.er gallon

Totaling$ _______ _

F. To provide Red Dye Diesel Heating Fuel

G. To be provided for the Pine Ridge Indian Health Service, Pine Ridge, South Dakota, 57770. The period of perfonnance will be 30 days from Date of Award.

H. FAR 52.212-1 Instructions to Offerors-Commercial Items (November 2021).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number RFQ-PR22-025.

2. Closing Date: April 1, 2022 at 12:00 pm MST.

3. Name, address and telephone number of company and email address of contact person.

4. Teclm.ical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary.

5. Tem1s of any express warranty.

6. Price and any discount terms.

7. "Remit to" address, if different than mailing address.

8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

9. Acknowledgment of Solicitation Amendments (if any issued) I 0. Past perfonnance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant infom1ation).

11. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offerors that fail to furnish required representations or infom1ation, or reject the tem1s and conditions of the solicitation may be excluded from consideration.

Basis of award is Lowest Price Technically Acceptable "LPT A" factors in determining the successful contractor.

• Shall provide the items listed in the Specifications Listings

• Ability to meet the Delivery Schedule

• Complete, fill out, the Indian Economic Enterprise Representation Fom1/Specifications Price

List for all items listed above

I. FAR 52.212-3 Offer Representations and Certifications-Commercial Items (November 2021) See attachment for full text. 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) website accessed through hLlp: 11-ww.acguisition.(!OY. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

J. FAR 52.212-4 Contract Terms and Conditions-Commercial Item (November 2021)- See attachment; in by reference.

K. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Items (January 2022) - See attaclm1ent for full text.

L. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) clauses that are applicable including below.

M. Offers will be accepted electronicallv, Submit via e-mail to the following:

Pine Ridge Indian Health Service Hospital Attn: Patricia Thompson/Purchasing Agent 607 Indian Health Road Pine Ridge, South Dakota 57770

Or fax to 605-867-3262 or email patricia.thompson@ihs.gov Any questions, please submit by March 31, 2022 by 12:00 pm MST.

Contractors will need a DUNS number, TIN number, and be registered with www.sam.gov.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is finn for a period of at least 30 days from the date of receipt by the Government.

Quotation must set forth full, accurate and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date referenced. All required infom1ation must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusions List at http://exclusions.org.h.hs.gov throughout the duration of the contract.

Contractor must be registered with the System for Award Management (SAM) at www.sam.gov

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service

Office of Management Services Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN ECONOMIC ENTERPRISE

REPRESENTATION FORM

SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: _______________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.

The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and 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.

REPRESENTATION

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.

Name of the 51% owner of IEE Firm

Certifying Signature

Print Name

Name of Federally Recognized Tribal Entity

Business Name

DUNS Number

(2) The 0fferor represents that-

(i) ItOdoes, Odoes not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(ii) After conducting a reasonable inquiry for purposes of this representation, that it Odoes, Odoes not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of Provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders-Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERM S AND CONDITIONS REQU IRED To IMPLEM ENT STATUTES OR EXECUTIVE ORDERS- ······················································ ............... COM.M ERCIAL.PRODU.CTS .. AND .. COM M.ERCIAL. SERVIC.Es .. CJA�}Q?. .. ?.J

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19. Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889( a) (1) (A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

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