CULVERTS

This RFQ is a Buy Indian Set Aside. The Bureau of Indian Affairs (BIA) is soliciting offers for Culverts, ends and hardware for BIA, Shiprock Agency, Branch of Road Maintenance, Farmington, New Mexico. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation No. 140A0923Q0048 herein cited is issued as a Request for Quote (RFQ) and 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 2022-04. The solicitation is set aside 100% for Indian Small Business Economic Enterprises (ISBEE). The NAICS Code is 327332. Size Standard is 750. The Bureau of Indian Affairs, Navajo Regional Office, solicits or Culverts, ends and hardware for BIA, Shiprock Agency, Branch of Road Maintenance, Farmington, New Mexico. Period of Performance: Date of Award to August 31, 2023. Culverts, Ends and Hardware (See attachment) Includes Applicable Taxes at $___________ and Shipping Charges at $____________= 1 Total: $______________ Provide an itemized breakdown of costs: CONTRACT CLAUSES: The following clauses apply to this acquisition: FAR 52.212-1, 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-Central Contractor Registration (Oct 2003)(31 U.S.C. 3332); and FAR 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332); 52.222-3, Convict Labor (June 2003); 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006); 52.222-21 Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Apr 2002); 52.229-3, Federal, State, and Local Taxes (April 2003); 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013). FAR and DIAR clauses are herein incorporated as follows: FAR 52.232-18, Availability of Funds (April 1984); FAR 1452.204-70, Release of Claims - Department of the Interior. The Federal Acquisition Regulations clauses and provisions are available on the Internet at: http://www.acquisition.gov or may be requested from the Contracting Officer. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ¿does 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¿ in the provision at 52.204-26, Covered Telecommunications Equipment or Services¿Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision¿ Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to¿ (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to¿ (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ¿covered telecommunications equipment or services¿. (d) Representation. The Offeror represents that¿ (1) It ¿ will, ¿ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ¿will¿ in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that¿ It ¿ does, ¿ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ¿does¿ in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ¿will¿ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment¿ (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services¿ (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ¿does¿ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment¿ (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services¿ (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 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.. 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 3-5business 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. 1452.280-2 Notice of Indian economic enterprise set-aside. 1452.280-3 Subcontracting limitations. 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] 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 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) The response time for quotes is May 22, 2023, 3:00 p.m. MDT. Submit a signed and dated quote, UEI Number, proof of contractor's registration in www.sam.gov, Buy Indian Representation form, via email to: [email protected] by 3:00 p.m. MDT, May 22, 2023. Any further questions regarding this announcement may be directed to Elsie Begay, Contract Specialist, via email at [email protected]