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Combined Synopsis

RFQ-23-PHX-025

The Department of Health and Human Services, the Phoenix Area Indian Health Service (IHS), is soliciting quotes for a 30kW Operating Room Uninterruptible Power Supply (UPS) system for the Whiteriver Service Unit in Whiteriver, Arizona.

This requirement is a 100% Set-aside for Indian Small Business Economic Enterprises (ISBEEs) in accordance with the Buy Indian Act.

Definitions:

Indian Small Business Economic Enterprise (ISBEE): An Indian Economic Enterprise (IEE) that is also a small business concern established in accordance with the criteria and size standards of 13 CFR part 121.

Indian: American Indian, Native American, Alaska Native, Indigenous American. Members of a Federally Recognized Tribal Entity of the United States.

SUBMISSION INSTRUCTIONS

Proposals must be submitted electronically via email on or before the RFQ closing date and time stated in SAM.

The Government anticipates one (1) firm fixed-price award from this solicitation to the responsive, responsible offeror whose quote is conforming to the Brand Name product specified in this solicitation. There are no trade-ins for this effort.

Quote(s) must be FOB destination, include all applicable discounts, and all required line items must have a price to be considered for award. Not providing prices for all CLINS items shall make your offer non-responsive to the solicitation. Quotes may be attached in a vendor preferred format (e.g. PDF).

The government will not split this requirement.

FOB Destination

DELIVERY LOCATIONS

Whiteriver Service Unit

400 Apache Drive

Whiteriver, Arizona 85941.

REQUIREMENT

The priced quote is to be submitted as an all-inclusive Firm Fixed Price quote.

Brand Name Only: Eaton

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1. One (1) Eaton 30kW Uninterruptable Power Supply (UPS) product number 93PM-UPS-20-200kW. 480V in, 480V out, 3-wirw, 30kW rated, 50kW frame capacity, standard 97% efficiency, firmware expandable to 50kW, sidecar bypass cabinet, power Xpert gateway card, 9.4 minutes of integral runtime at 30 kW.

2. Annual Preventative Maintenance. One base year and four option years.

3. Warranty: 3-year Eaton warranty.

Note: IAW OMB memorandum M-21-07, The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6,” which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://www.nist.gov/programs-projects/usgv6-program.

EVALUATION

a. Technical:

Offerors shall provide brief description of technical characteristics and specifications of the brand name items stated in this solicitation and attached documents, to include technical documentation to support equipment being offered.

b. Price:

The price(s) shall be specific, complete in every detail, and separate from the technical submission. Submit pricing for all; not submitting pricing for all items will make your quote non-responsive to the solicitation. Contractor shall state in their RFQ that the quote shall remain effective for at least 60 calendar days after close of solicitation.

Basis for Award:

In addition to price, best value will be utilized for this requirement. By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined technically unacceptable.

In order for an Offeror to be considered for award, the proposal must receive an “Acceptable” rating in every non-price factor. Any proposal receiving a rating of “Unacceptable” in any non-price factor will not be further evaluated.

Ratings for Technical:

Acceptable – Proposal clearly meets the minimum requirements and is an exact match of the brand name item.

Unacceptable – Proposal does not clearly meet the minimum requirements of the solicitation.

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For the purpose of award, the Government shall evaluate offers based on the evaluation factors described below:

Factor 1 – Technical Capability of the Item Offered:

Offerors shall provide brief description of technical characteristics and specifications of the items stated in this solicitation and attached documents, to include technical documentation to support equipment being offered.

Factor 2 – Delivery (ARO):

Contractor shall submit a proposed delivery after receipt of award (ARO) for this requirement.

Factor 3 – Past Performance:

Offerors must submit past performance that is current and relevant as defined herein. Offerors may submit a maximum of 5 (minimum of 3) examples of their past performance with their offer to include prime contract and subcontracts. Past performance information should contain the following:

- Project title;

- Description of the project and equipment;

- Contract number;

- Contract amount;

- Government Agency/Organization;

- COR’s & CO’s name, address, and phone number;

- Current status, e.g., delivery after award date; and

- A brief narrative of why you deem the reference to be relevant to this effort.

Factor 4 – Price:

GRAY MARKET EQUIPMENT

a. Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM equipment. No remanufactures or gray market items will be acceptable.

b. Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment and/or services contracts for maintenance of required equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment and/or services contracts for maintenance of equipment shall be in accordance with the OEM terms and conditions.

c. The delivery of gray market items to the IHS in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the IHS reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the IHS’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to an IHS medical facility upon discovery of such items.

INVOICING PROCESSING PLATFORM (IPP) (Feb 2022)

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In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Note: Should an Offeror feel that use of the IPP would be unduly burdensome, the response to this solicitation should include an explanation of this position for a determination by the contracting officer.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Acquisition.gov

52.212-1 Instruction to Offerors—Commercial Items (Nov 2021)

52.212-3 Offeror Representations and Certifications-- (Dec 2022)

Commercial Items

Solicitation Provisions in by full text.

52.212-2 EVALUATION COMMERICAL ITEMS (NOV 2021)

(a) (1) 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:

Factor 1: Technical

Factor 2: Delivery

Factor 3: Past Performance

Factor 4: Price

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(2) Technical and past performance, when combined, are significantly more important, when compared to price or cost.

(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.

52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in 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—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

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(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representation. The Offeror represents that it □ does, □ 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.

HHSAR 332.7003 Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of provisions)

The Department of Health and Human Services, Phoenix Indian Medical Center, is Tax Exempt under A.R.S.42-5063(C)(3)(a), A.R.S.42-5067(B)(1), A.R.S.42-5065(B)(2)(a), A.R.S.42-5066(B)(3) (a), A.R.S.42-5074(B)(7), A.R.S.42-5071(B)(2)(a), A.R.S.42-5061(A)(25)(a), and A.R.S.42-5159(A)(13)(a),(b),(c), State of Arizona Department of Revenue. (Copy of Certificate available upon request).