Dental Supplies

The Albuquerque Area Indian Health Services is requesting for proposals for dental supplies for the Jicarilla Service Unit located at 500 Mundo Dr. Dulce NM 87528.

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR Part 12.6 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

Solicitation number 19-242-SOL-00011 applies, and is issued as a Request for Quote (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101.

The associated North American Industrial Classification System (NAICS) code for this procurement is 423450 with a small business size standard of 200.

This requirement is a total Indian Small Business Economic Enterprise (ISBEE) concerns with a cascading set-aside for other small business concerns and only qualified offerors will be considered. See clause titles "Cascading Set-aside" for more information.

The Government contemplates award of a firm-fixed price Blanket Purchase Agreement (BPA) contract resulting from this solicitation. Only one award will result from this solicitation, and shall be based on "All or None" meaning that if an offerors' bid does not offer all items requested the proposal will be considered non responsive .

The Indian Health Service requires the following items, Brand-Name or Equal to, that meet or exceed the following:

The Contract Line Items (CLINs) structure is attached as a separate document (see attached).
Please enter current pricing for each item listed. Items on this list are estimated to be consumed during the life of this contract some items may be ordered more than once within each option year.

This solicitation will result in a Single Blanket Purchase Agreement (BPA) Award with 1 Base Year from the date of award and four additional option year periods based on Satisfactory Performance ratings. The proposal should be similar to the cost for total supplies for each year. :
Base Year: Start Date TBD 2019 to end date TBD 2020 = Total annual cost __
Option Year One: Start Date TBD 2020 to end date 2021 = Total annual cost __
Option Year Two: Start Date TBD 2021 to end date 2022 = Total annual cost __
Option Year Three: Start Date TBD 2022 to end date 2023 = Total annual cost __
Option Year Four: Start Date TBD 2023 to end date 2024 = Total annual cost __
Total cost for base year plus option years ___
The purpose of this acquisition is to establish a BPA type contract in accordance with FAR Part 13.303 to purchase consumable items that will be used throughout a period of 12 months. All items listed are generally purchased items but exact quantities are not known. These items will be used by the Dental Department at the Jicarilla Service Unit. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty and detail that time period.

Delivery and acceptance terms for this order is FOB Destination. Delivery Addresses: Jicarilla Service Unit, Indian Health Service, 500 Mundo Drive, Dulce, NM. 87528.

The provision at 52.212-1, Instructions to Offerors - Commercial Items (Jan 2017).

52.212-2, Evaluation - The award will be made to the lowest priced technically acceptable offeror. To be considered for the award, the offeror shall be an authorized reseller/partnership that evidences the company's eligibility and capability to provide the requested dental supplies. Furthermore, the offeror shall conform to the following requirements in the quotation: only manufacture certified original and new supplies shall be quoted; no grey market or refurbished items shall be quoted.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017) applies to this acquisition. The following addendum applies: Email Addresses for submission of invoices is: alb_aoapinvoices@ihs.gov .

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (Jan 2017)

(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 items:
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
(2) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)).
(3) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(4) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
(5) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(6) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(7) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(8) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(9) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(10) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496).
(11) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(12) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(13) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(14) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
(15) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(16) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(17) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
(18) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
(19) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(20) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
(End of Clause)

52.252-1. Solicitation Provisions Incorporated by Reference (Feb 1998).

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov/far/.

52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of clause)
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 4 years

Department of Health & Human Services Acquisition Regulation (48 CFR Chapter 3) Clauses:
Full text may be accessed electronically at this address: http://www.hhs.gov/policies/hhsar/subpart352.html

HHSAR Clause Title Date
352.201-70 Paperwork Reduction Act JAN 2006
352.202-1 Definitions JAN 2006
352.227-70 Publications and Publicity JAN 2006
352.242-73 Withholding of Contract Payments JAN 2006
352.270-2 Indian Preference APR 1984
352.270-3 Indian Preference Program JAN 2006

ISBEE 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 will be solicited from Indian Small Business Economic Enterprises (see HHSAR Subpart 326.6) that are also small business concerns. If we do not receive enough competition and/or reasonably priced offers from the ISBEE set-aside, we will then evaluate quotes and consider for award to other small business concerns. Any acquisition resulting from this cascading set-aside will be from such a concern as follows: First Tier: Indian Small Business Economic Enterprise, Second Tier: Service Disabled Veteran-Owned Business and Third Tier: HubZone and Fourth Tier: all other Small Business Concerns. Offers received from enterprises that are not one of these small business concerns will not be considered.

Notice of Indian Small Business Economic Enterprise 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 Economic Enterprise (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 Public Law 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 small business economic enterprise (ISBEE) means an IEE that is also a small business concern established in accordance with the criteria and size standards of 13 CFR part 121.

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 HHSAR Subpart 326.6. (b) General. (1) Under the Buy Indian Act, offers for this acquisition will be solicited only from Indian small business economic enterprises. (2) IHS will reject all offers received from ineligible enterprises (see cascading set-aside). (3) Any award resulting from this solicitation will be made to an Indian small business economic enterprise, as defined in paragraph (a) of this clause (unless there is not enough competition and/or reasonably priced offers-see cascading set-aside).

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.

Indian Economic Enterprise Representation. The offeror represents as part of its offer that it __ does __ does not meet the definition of Indian 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 cedric.wood@ihs.gov. 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 by email to cedric.wood@ihs.gov. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.
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 https://www.sam.gov. Contractors are encouraged to complete SAM registration as soon as possible; the government may not delay award for the purpose of allowing a contractor time to register in SAM.gov.
The contracting officer shall include the Indian Preference clause specified at 326.505(a) in all Buy Indian solicitations and resultant contracts.
The contracting officer shall use the Indian Preference Program clause specified at 326.505(b).
Proposals are due by 12:00 PM MST on 28 January 17, 2019. Email the proposal to Cedric.wood@ihs.gov. Questions are due on 23 January 2019 by 12:00 p.m. MST. Offeror must confirm IHS' receipt of their proposal.
POC is Cedric A. Wood, Contracting Officer, cedric.wood@ihs.gov.

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