Counseling Services, BIE, Crystal BS THIS RFQ is a Buy Indian Set Aside. The Bureau of Indian Affairs (BIA) is soliciting offers to procure Counseling Services for BIE, Crystal Boarding School, Crystal, NM. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation No. A17PS00601 herein cited will be procured under FAR Part 12, Acquisition of Commercial Items. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. This acquisition is a total small business set-aside. NAICS Code: 611710, Small Business Size Standard: $15 million. Period of Performance: July 31, 2017 to June 30, 2018. Statement of work is attached as ATTACHMENT NO. ONE (1). PROPOSAL LINE ITEMS: 1. Direct Services for 40 days (4 days of ESY) X $______________/day = $_________________. 2. Travel: ________Miles round trip x $_______/mile (Government Rate) x 40 days = $_______________. 3. Lodging: $_______ Government Rate for 40 nights = $________________. GRAND TOTAL: $_________________. Travel costs incurred for transportation, lodging, meals, and incidental expenses (as defined in the regulation cited in FAR 31.205-46) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations (FTR). The consultant will be reimbursed for travel to provide support at a Government site or other site as may be specified and approved by the COTR under this effort. All travel shall be approved, by the COTR, prior to commencement of travel. Consultant shall provide supporting documentation and a detailed breakdown of incurred travel costs with each invoice. BACKGROUND INVESTIGATION: In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child Protection and Family Violence Prevention Act; 42 U.S.C. 13041, Crime Control Act of 1990; 441 Departmental Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment. Accordingly, all such positions require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Affairs (BIA) Office of Indian Education Programs (OIEP), Personnel Security and Suitability Program; and a favorable background investigation determination conducted by the Office of Personnel Management (OPM). A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian Affairs (BIA) Office of the Indian Education Programs (OIEP), Personnel Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the Contractor who has been granted a favorable screening (applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C 13041 (3)) during contract performance until a final background investigation determination has been made. Prior employment with the Federal Government, including BIA, OIEP or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation. Prior to an award or during the 60 day period discussed in paragraph two, it is solely the company, individual or contractor's responsibility to contact the BIA, OIEP Personnel Security and Suitability Program at 505-563-5287/5288/5289/5294 in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation. If an unfavorable screening (applicant and suitability) determination is made, a purchase order shall not be awarded to the individual who received an unfavorable screening or to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determinations is made, which will make them ineligible for purchase order award. If an unfavorable final background investigation determination is made, the purchase order may be terminated and the employee in question shall not be authorized to provide service to the BIA, OIEP, if the services involve contact with or regular control over Indian children. Award will be made on a Best Value Basis, whose quotation is conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. 52.212-2 Evaluation-Commercial Items. EVALUATION-COMMERCIAL ITEMS (OCT 2014) (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. The following factors shall be used to evaluate offers: 1. Familiarity with location 2. Technical Approach 3. Past Performance Technical and past performance, when combined, are significantly more than cost or price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer¿s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. CONTRACT CLAUSES: The following clauses apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items; 52.212-2 Evaluation-Commercial Items; FAR 52.212-3, Offeror Representations and Certifications Commercial Items; FAR 52.212-4, Contract Terms and Conditions Commercial Items; and FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items. In paragraph (a) of FAR 52.212-5 the following applies: FAR 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553); FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L.108-77, 108-78). In paragraph (b) of FAR 52.212-5(b), the Contractor shall comply with the following FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive order applicable to acquisitions of commercial items: FAR 52.225-1 Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d); FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management(Jul2013)(31 U.S.C. 3332); and FAR 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332); 52.222-3, Convict Labor (June 2003); 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2014); 52.222-21 Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar2007); 52.229-3, Federal, State, and Local Taxes (Feb2013). FAR 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Aug2011); Department of the Interior Acquisition Regulation FAR and DIAR clauses are herein incorporated as follows: 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013); FAR 52.232-18, Availability of Funds (April 1984); DIAR 1452.226-71 Indian Preference Program, DIAR 1452.204-70 Release of Claims; Background Investigations Requirement; Federal Travel Regulations. 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. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:A copy of the contractor¿s invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected. 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) prior to the contract award date, but no more than 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos .frb.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. 1452.280-1 Notice of Indian small business economic enterprise set-aside. 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. (End of provision) 1452.280-2 Notice of Indian economic enterprise set-aside. 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. (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 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. (f) Eligibility. (1) Participation in the Mentor-Protégé 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. (End of clause) 1452.280-3 Subcontracting limitations. A contractor shall not subcontract to other than responsible Indian economic enterprises more than 50 percent of the subcontracted work when the prime contract was awarded under the Buy Indian Act. For this purpose, work to be performed does not include the provision of materials, supplies, or equipment. As prescribed in 1480.601(b), insert the following clause in each written solicitation or contract to provide supplies, services, or covered construction: SUBCONTRACTING LIMITATIONS (JUL 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. It 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. It 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 in allocating what percentage of work to subcontract. Of the work subcontracted, no more than 50 percent may be subcontracted to a concern other than a responsible Indian economic enterprise. (c) Indian Preference. Regardless of the contract type for services, supplies, or covered 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, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause. Show citation box (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. (End of clause) 1452.280-4 Indian economic enterprise representation. As prescribed in 1480.801(a), insert the following provision in each written solicitation for supplies, services, or covered construction: 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. [End of provision] A signed and dated offer, FAR 52.212-2, Evaluation Factors Responses; DUNS NUMBER: _______________; Buy Indian Representation Form (Attachment No. 2) Signed RFQ are due at the Bureau of Indian Affairs, Navajo Regional Office, Branch of Acquisition, Attention: Lynelle Benallie, by 2:00 p.m. Local Time (MDT), May 12, 2017. Also submit breakdown of costs and description of the services offered. Offers submitted by facsimile and email will be accepted, the fax number is (505) 863-8382. Email:
[email protected]. Any further questions regarding this announcement may be directed to Lynelle Benallie, Contracting Officer, at (505) 863-8404, by fax at (505) 863-8382. All contractors submitting offers must be registered in the System for Award Management (SAM) in order to receive contracts and purchase orders from the Federal Government pursuant to FAR Clause 52.204-7. To register or learn more about SAM, go to: http://www.sam.gov.