MODIFICATION
38 -- Indian Small Business Economic Enterprise Set-Aside for a Loader with Trade-In for the BIA, Crow Creek Agency, Fort Thompson, SD
- Notice Date
- 9/11/2018
- Notice Type
- Modification/Amendment
- Contracting Office
- 115 4th Ave SE MC 206, Aberdeen, SD 57401
- ZIP Code
- 57401
- Solicitation Number
- 40404992
- Response Due
- 9/7/2018
- Archive Date
- 3/6/2019
- Point of Contact
- Name: Client Services, Title: Client Services, Phone: 1.877.933.3243, Fax: 703.422.7822
- E-Mail Address
-
Clientservices@fedbid.com;
- Small Business Set-Aside
- N/A
- Description
- CANCELLATION NOTICE: Bids are being solicited under solicitation number 40404992. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation is issued as an invitation for bids (IFB), unless otherwise indicated herein.If your company can provide the product/services listed on the solicitation and comply with all of the solicitation instructions, please respond to this notice. To view the specifications, please go to www.FedBid.com and reference Buy No. 946803. Open Market: Open Market bids are accepted in this solicitation; however, please refer to the specifications below, including 'Set-Aside Requirement' provision, for additional requirements. This requirement is an [ Indian Small Business Economic Enterprises ] set-aside and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2018-09-07 15:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Fort Thompson, SD 57339. The Bureau of Indian Affairs requires the following items, Brand Name or Equal, to the following: LI 001: Loader with Trade-In (see attached Specifications). New Loader Price = $______________ minus Trade-In Loader Price = $______________ = Total (new minus trade-in) $__________________(Amount to be entered in line item total). Please specify new loader price and trade in loader price in your quote., 1, EA; Solicitation and Buy Attachments ***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 using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, Bureau of Indian Affairs intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. A Seller may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. Bureau of Indian Affairs is taking this action in an effort to improve both seller access and awareness of requests and the agency's ability to gather multiple, completed, real-time bids.All responsible Sellers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Sellers that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Sellers that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Sellers may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should Sellers require additional clarification, contact FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com. Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Indian Economic Enterprise Representation 12/31/2013 The offeror represents as part of its offer that it does meet the definition of Indian economic enterprise as defined in 1480.201. A contractor shall not subcontract to other than responsible Indian economic enterprises more than 50 percent of the work under a prime contract awarded under the Buy Indian Act. For this purpose, work to be performed does not include the provision of materials, supplies, or equipment. Subcontracting Limitations 12/31/2013 (a) Definitions as used in this clause. (1) Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. ˜ ˜Concern ™ ™ includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas. (2) Subcontract means any agreement (other than one involving an employer- employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract. (3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. The term includes subcontractors at any tier who perform work on the contract. (b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219 “14 Limitations on Subcontracting clause. (c) Indian Preference. Regardless of the contract type for services, supplies, or on- reservation construction, the contractor agrees to give preference to Indian organizations and Indian owned economic enterprises in awarding subcontracts under this contract in accordance with DIAR 1452.226 “71, Indian Preference. (d) Cooperation. The contractor must: (1) Carry out the requirements of this clause to the fullest extent; and (2) Cooperate in any study or survey that the CO, the Bureau of Indian Affairs, or its agents may conduct to verify the contractor ™s compliance with this clause. (e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, services, and construction awarded under this contract. This combined synopsis / solicitation. This acquisition is being solicited under 1452.280-1, Notice of Indian Economic Enterprise Set-Aside (July 2013) and 48 CFR Parts 1401, 1452, and 1480. The resultant contract will be awarded as a Firm Fixed Price contract as defined in FAR 16.202. Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements ”Representation (DEVIATION 2015-02) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause) Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran ”Representation and Certification (a) Definitions. As used in this provision-- Person-- (1) Means-- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. Sensitive technology ” (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically ” (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror-- (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran ™s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC ™s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf ). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if ” (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. 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 www.sam.gov. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a), the following clauses in paragraph (b): 52.219-6, Notice of Total Small Business Set Aside (15 U.S.C. 644); 52.222-3, Convict Labor (E.O. 11755); 52.222-19, Child Labor ”Cooperation with Authorities and Remedies (E.O. 13126); 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity (E.O. 11246); 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (42 U.S.C. 6962(c)(3)(A)(ii)); 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b); 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (E.O. 13423); 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving; 52.225-13, Restrictions on Certain Foreign Purchases (E.O. ™s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury); 52.232-33, Payment by Electronic Funds Transfer ”System for Award Management (31 U.S.C. 3332). The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. As required by the DIAR 1480.503, this acquisition is 100% set aside for Indian Small Business Economic Enterprises (ISBEE) as defined by DIAR 1480.503. Only quotes received from ISBEE's will be considered for award. Quoters who do not qualify under the ISBEE set aside will be immediately removed from the competitive range. 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. The offeror represents as part of its offer that it does meet the definition of Indian economic enterprise as defined in 1480.201. 52.209-11 “ Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that ” (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) Site visits are allowed Monday through Friday between the hours of 9:00 am to 4:00 pm CT to inspect the Trade-In Loader with advance notice provided to Daigre' Douville, who can be reached at either 605-245-2311 (Main Office) or 605-245-2318 (Direct Line). Please note that absolutely no reimbursements will be made for any site visits conducted. All expenses associated with site visits will be the responsibility of the person(s) who conduct the site visit(s).
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/BIA/RestonVA/40404992/listing.html)
- Place of Performance
- Address: Fort Thompson, SD 57339
- Zip Code: 57339
- Zip Code: 57339
- Record
- SN05084528-W 20180913/180911231617-87f965dad23c8f682785488ab4a60ebf (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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