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. The solicitation number is 140A0119Q0031 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03. The associated North American Industrial Classification System (NAICS) code for this procurement is 325320 with a small business size standard of 500.00 employees. This requirement is an [ Indian Small Business Economic Enterprises ] set-aside and only qualified offerors may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted and will end on 2019-08-09 17:00:00.0 Eastern Time or as otherwise displayed at www.UnisonMarketplace.com. FOB Destination shall be in the Special Shipping Instructions. The Bureau of Indian Affairs requires the following items, Brand Name or Equal, to the following: LI 001: Aminopyralid (2 lb/gal) - Brand-Name or Equal - See attached specifications, 150, GALLON; LI 002: Aminopyralid (.41 lb/gal) + 2,4-D Amine (3.33 lb/gal) - Brand-Name or Equal - See attached specifications, 400, GALLON; Solicitation and Buy Attachments ***Question Submission: Interested Offerers 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.UnisonMarketplace.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, Unison, Inc. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror 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 vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerers that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at
[email protected]. Offerers may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or
[email protected] of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. 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. SAM registration must be "ACTIVE" at time of award. All items must be covered by the manufacturer's warranty, where applicable. 52.204-7, System for Award Management (OCT 2018); 52.204-13, System for Award Management Maintenance (OCT 2018); 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016); 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016); FAR 52.212-1, Instructions to Offerors - Commercial Items (OCT 2018) (DEVIATION),“(j) Unique entity identifier. (Applies to all offers exceeding $10,000, and offers at any dollar level if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database);� FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (OCT 2018); FAR 52.212-4, Contract Terms and Conditions - Commercial Items (OCT 2018); 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013). The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (MAY 2019), paragraph (a), and the following clauses in paragraph (b): 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018); 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015); 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013); 52.222-3, Convict Labor (JUN 2003); 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018); 52.222-21, Prohibition of Segregated Facilities (APR 2015); 52.222-26, Equal Opportunity (SEP 2016); 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014); 52.222-50, Combating Trafficking in Persons (JAN 2019); 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011); 52.225-1, Buy American--Supplies (MAY 2014); 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008); and 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018). The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. (a) If an item in this solicitation is identified as “brand name or equal,� the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal� products must meet are specified in the solicitation. (b) To be considered for award, offers of “equal� products, including “equal� products of the brand name manufacturer, must—(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by— (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate “equal� products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal� product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) SEE ATTACHED. (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.� The terms “commercially available off-the-shelf (COTS) item,� “component,� “domestic end product,� “end product,� “foreign end product,� and “United States� are defined in the clause of this solicitation entitled “Buy American—Supplies.� (b) Foreign End Products: LINE ITEM NO. ____________ COUNTRY OF ORIGIN___________________ [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision) (a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph. (b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee. (c) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity.� (d) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns. (e) As used in this clause: (1) “Indian� means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe. (2) “Indian organization� means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and (3) “Indian-owned economic enterprise� means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise. (4) “Indian Tribe� means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (f) The Contractor agrees to include the provisions of the clause including this paragraph (f) in each subcontract awarded under this contract. (g) In the event of noncompliance with this clause, the Contractor's right to proceed may be terminated in whole or in part by the Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the Government. (End of clause) 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) (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) (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. (e) Incorporation in Subcontracts. The contractor must incorporate die substance of this clause, including this paragraph (e), in all subcontracts for supplies, services, and construction awarded under this contract. (End of Clause) The offeror represents as part of its offer that it DOES meet the definition of Indian economic enterprise as defined in 1480.201. (End of Provision) 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: Scanned Invoice(s) -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 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email
[email protected] 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. (End of Clause)