SOLICITATION NOTICE
S -- DAIRY PRODUCTS SY17-18 BREAD SPRINGS
- Notice Date
- 6/12/2017
- Notice Type
- Presolicitation
- NAICS
- 311511
— Fluid Milk Manufacturing
- Contracting Office
- BIA NAVAJO 00009 301 WEST HILL ROOM 346 Contracting Office Gallup NM 87301 US
- ZIP Code
- 00000
- Solicitation Number
- A17PS00775
- Response Due
- 6/15/2017
- Archive Date
- 6/30/2017
- Point of Contact
- WILLIAMS-JAMES, CHARMAINE
- Small Business Set-Aside
- Indian Small Business Economic Enterprises
- Description
- THIS ACQUISITION IS FOR NATIVE OWNED SMALL BUSINESS SET ASIDE UNDER THE BUY INDIAN ACT (25 U.S.C.) 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. A17PS00775 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. DESCRIPTION: This acquisition is set aside 100% Native Owned Small Business. In order to participate in this solicitation, vendors MUST qualify under the following NAICS Code is 311511, Fluid Milk Manufacturing, Size Standards in number of employees 1,000. In order to participate on this solicitation, vendors must qualify under the following NAICS Code: 311511. The Bureau of Indian Affairs (BIA), Navajo Regional Office intends to award a firm fix priced commercial item contract in response to the Request for Quotation (RFQ) for Dairy Products for the BIE-Bread Springs Day School, POB 117, 750 Bread Springs Road, Gallup, NM 87305. The contractor shall provide services consisting of furnishing all labor, materials, equipment and supervision, transportation and incidentals necessary to deliver Dairy Products weekly date of award through June 30, 2018, orders will be made by authorized Government personnel only and in accordance with FAR Clause 52.232-18 Availability of Funds. THE DELIVERY TRUCK REFRIGERATION TEMPERATURE MUST BE BETWEEN 35 TO 40 DEGREES, IN ORDER TO OBTAIN THE MAXIMUM LIFE OF THE DAIRY PRODUCTS. ALL PRODUCTS SHALL BE FRESH AT THE TIME OF DELIVERY AND SHALL BE INSPECTED AND ACEPTED BY THE GOVERNMENT STAFF AND NOTATION OF ANY DAMAGED ITEMS. ALL DAMAGED ITEMS SHALL BE REPLACED AT NO ADDITIONAL COST TO THE GOVERNMENT. DELIVERIES SHALL BE REQUESTED WEEKLY BY THE AUTHORIZED INDIVIDUALS, AND INVOICED WEEKLY. ECONOMIC PRICE ADJUSTMENT ¿ STANDARD SUPPLIES: THE CONTRACTOR SHALL PROMPLY NOTIFY THE CONTRACTING OFFICER OF THE AMOUNT AND EFFECTIVE DATE OF EACH DECREASE OR INCREASE OF ITEMS LISTED ON LINE ITEMS BELOW. THE AGGREGATE OF THE DECREASE/INCREASE OF EACH LINE ITEMS IN THIS CONTRACT IN ACCORDANCE WITH FAR CLAUSE 52.216-2, SHALL NOT EXCEED 10 PERC ENT OF THE ORGINIAL CONTRACT UNIT PRICE. All interest offerors shall provide all inclusive costs for the requirements; including but not limited to all applicable taxes and FOB shipping cost. BREAD SRINGS DAY SCHOOL PO BOX 1117 (750 BREAD SPRINGS ROAD) GALLUP, NM 87305 TELEPHONE NUMBER: 505-778-5665 POINT OF CONTACT: PHILLIP YATSATTIE EMAIL: Phillip.Yatsattie@bie.edu FBMS COR: Steve Flores, Business Technician POINT OF CONTACT: (505) 786-6142/6145 Requirements: (Provide a breakdown of price per line item) 1) 1/2 pint milk 1%, 50/case, 888 cases (2) 1/2 pint chocolate milk, 50/case, 250 cases (3) 1/2 pint fat free milk, 50/case, 78 cases (4) 1/2 pint HP whole milk, 50/case, 50 cases (5) 4 oz. Trix raspberry rainbow ice cream, 50/cases, 40 cases (6) 4 oz, Trix Strawberry banana blast ice cream, 40 cases INCLUDE ALL TAXES AND DELIVERY CHARGES IF APPLICABLE. GRAND TOTAL: $____________ Include all applicable Taxes (Navajo Nation and New Mexico Taxes) $___________ Include Delivery Charge (per percentage, per delivery, per week) $______________ OVERALL TOTAL: $___________________ Weekly delivery of Dairy Products to Bread Springs Day School, Gallup, NM. -- QUOTE SUBMISSION INFORMATION: To be considered for award, vendors must quote on all items/services listed in the solicitation. Quote submission must include the following items: 1.Section 17a, 23, 24, 30a, 30b, and30c completed per the attached SF 1449 document (include DUNS number on form) (include taxes if applicable) 2.IEE Representation 3.Acknowledgement of any and all amendments by completion of Section 8, 15a, and 15c on SF30 amendments documents (if any). 4.Provide a DUNS# and Tax ID# with a signed and dated quote. 5.Submit your proposal in accordance to Section M: Evaluation Factors Attachment A - Mandatory Clause 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 [Contracting Officer 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) within 3 - 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. (End of Local Clause) Attachment 1: Contract Clause MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JANUARY 2015) (a) Definitions. As used in this clause ¿ ¿United States ¿ means the 50 states and the District of Columbia. ¿Worker ¿ ¿ (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition ¿ (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to ¿ (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to ¿ (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) Award will be made to the lowest priced offeror, whose quotation is conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. CONTRACT CLAUSES: The following FAR Clauses including all addenda applies to this acquisition: FAR 52.212-1, Instructions to Offerors-Commercial Items; FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items; 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: 52.233-03 Protest After Award; 52.233-4 Applicable Law for Breach of Contract Claim; 52.203-13 Contractor Code of Business Ethics and Conduct; 52.219-6 Notice of Total Small Business Set Aside; 52.222-3 Convict Labor; 52.222-19 Child Labor-Cooperation with Authorities and Remedies; 52.222-21 Prohibition of Segregated Facilities;52.222-26 Equal Opportunity; 52.222-35 Equal Opportunity for Veterans; 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management; FAR 52.222-55 Minimum Wage Under Executive Order 13658; FAR 52.225-1 Buy American Act-Supplies; FAR 52.211-6 Brand Name or Equal; FAR52.216-03 Economic Price Adjustment-Standard Supplies; FAR 52.222-41 Service Contract Act 1965; FAR 52.222-41 Service Contract Act 1965; FAR 52.232-18 Availability of Funds; 52.232-30 Installment Payments for Commercial Items; FAR 52.232-40 Providing Payment to Small Business; 52.229-3 Federal, State, and Local Tax; DOI Acquisition Reg (DIAR) 1452.226-70 Indian Preference; 1452.226-71 Indian Preference Program; DOI Electronic Invoicing Electronic Invoicing and Payment Requirements-Invoicing Processing Platform (IPP) (April 2013).; 1452.28-1 Notice to Indian Small Business Economic Enterprises Set Aside; 1452.28-2 Notice to Indian Economic enterprises set aside; 1452.280-3 Subcontracting limitations; 1452.280-4 Indian economic enterprises representation; 1452.280-4 Indian Economic Enterprises Representative Form. Award will be made to the lowest priced offeror, whose quotation is conforming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. The Federal Acquisition Regulation clauses and provisions are available in the internet at: http://www.acqusition.gov or may be requested from the Contracting Officer. Signed and dated Quotes, along with a completed copy of FAR clause 52.212-3, Offeror Representations and Certifications Commercial Items, are due at the Bureau of Indian Affairs, Navajo Regional Office, Division of Acquisition, Attention: Charmaine Williams-James, P.O. Box 1060, Gallup, New Mexico 87305 by local time on June 15, 2017, 5:00 pm (Gallup, NM time). Quotes submitted by facsimile and emails will be accepted. Any further questions regarding this announcement may be directed to Charmaine Williams-James, Contract Specialist, at (505) 863-8227, by fax at (505) 863-8382. Email: charmaine.williams-james@bia.gov. All contractors submitting quotes must be registered in the SAM www.sam.gov 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 the SAM, go to: http://www.sam.gov.
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