SOURCES SOUGHT
BUY INDIAN ACT
INDIAN ECONOMIC ENTERPRISES (IEE) FIRMS
BACKGROUND:
The Indian Health Service (IHS), an agency within the Department of Health and Human Services, is responsible for providing federal health services to American Indians and Alaska Natives. The mission of IHS is to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level and assure that comprehensive, culturally acceptable personal and public health services are available and accessible to members of the 566 federally recognized Tribes across the United States.
The Great Plains Area Office (GPAO) in Aberdeen, South Dakota, an Area within the IHS, works in conjunction with its 19 Service Units and Tribal managed Service Units to provide health care to approximately 130,000 Native Americans located in North Dakota, South Dakota, Nebraska, and Iowa. The GPAO's Service Units include seven hospitals, eight health centers, and several smaller health stations and satellite clinics. Each facility incorporates a comprehensive health care delivery system. The hospitals, health centers, and satellite clinics provide inpatient and outpatient care and conduct preventive and curative clinics.
STATEMENT OF OBJECTIVES:
Locate eligible and qualified IEE firms both large and small business able to provide Firm Fixed-Price, Non-Personal Healthcare Services, Medical Laboratory Technologist/Technician Services for the Woodrow Wilson Health Care Center, Sisseton, South Dakota. Utilize the information received with future acquisition planning efforts and potential Buy Indian set aside.
HOW TO RESPOND:
This is a sources sought under the authority of the Buy Indian Act. The Indian Health Service (IHS) is attempting to locate qualified and eligible IEE firms “Native American Indian Owned and Operated business” that can provide services/supplies to the Indian Health Service. This is a request for information only. Responses to this notice are not considered offers and cannot be accepted by the Government to form a binding contract. Any information submitted by respondents to this notice is strictly voluntary with no obligation nor incurred cost by the government.
Provide with response –
- E-mail response. Shall be in a printer friendly format, Word or PDF, 8x11 page size, five (5) page limit.
- Certification as an IEE firm. The government is ONLY interested in IEE firms.
- The government requests that interested parties respond to this notice if applicable and identify your business status to the identified NAICS code. Prospective vendor shall also be properly registered in www.sam.gov with applicable NAICS codes.
- Prospective vendors shall be properly registered in www.sam.gov. This includes proper registration as an IEE firm and if also eligible registered as small business, Hubzone, 8(a), Service Disabled Veteran Owned, Veteran Owned, Women-Owned, Small Disadvantaged in order for IHS to issue an award and claim procurement actions with eligible IEE small business vendors.
- Provide detailed capabilities statement, website, and e-catalog as it pertains to providing Medical Laboratory Technologist/Technician.
- Provide Unique Entity ID, generated by SAM.gov, and TIN. Contractor shall have an active registration in SAM.gov
- Identify Business Size: Small or Large
- GSA/FSS contract holders – provide GSA/FSS/VA/NITAAC or other GWAC contract number.
Unfortunately current required sources of supply do not provide a filter to identify IEE vendors. They only sort by SBA small business categories when posting an RFQ making it very difficult to locate IEE firms when conducting market research.
NAICS: 561320 Temporary Help Services and size standard in millions of dollars is $34
HEALTH & HUMAN SERVICES ACQUISTION REGULATION (HHSAR):
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this address:
http://www.hhs.gov/policies/hhsar/subpart301-1.html
52.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations.
352.239-74 Electronic and Information Technology Accessibility
The Buy Indian Act
The Buy Indian Act (25 USC 47) provides the Bureau of Indian Affairs (BIA) with the authority to set-aside procurement contracts for Indian-owned and controlled businesses. Federal regulations governing IHS use of the Buy Indian Act are under the PHSAR, Subpart 380.5 – Acquisitions under the Buy Indian Act.
Eligibility Requirements:
Main requirements for contract competition under the Buy Indian Act.
• The business must be an (IEE) Indian Economic Enterprise. A for profit business that is at least 51 percent Indian/Indian Tribe owned.
• The IEE owners must be members of a federally recognized Indian tribe or Alaska Native village
• The IEE must manage the contract
• The Indian or Indian Tribe must receive majority of the earnings from the contract
• The Indian or Indian Tribe must control the daily business operations
• Subcontracting is permitted but at least 50 percent of the subcontracted work must go to (IEEs)
• IEE must meet the eligibility requirements during the following periods
- At the time the offer was made
- At the time of award
- During the life of the contract
- If offeror loses eligibility during any of these times, the CO may terminate the contract for default.
Subcontracting Limitations: No more than 50% of the work subcontracted maybe subcontracted to a concern other than a responsible IEE, the contractor agrees to give preference to Indian organizations and IEES in awarding subcontracts. For services and supplies the concern awarded the contract must provide 50% of the cost incurred for personnel and the cost of manufacturing, excluding materials.
Laws/Regulations
The Buy Indian Act
The Final Rule (Acquisition Regulations, Procedures for Contracting)
www.federalregister.gov/articles/2013/06/07/2013-13255/acquisition-regulations-buy-indian-act-procedures-for-contracting
Authority / Indian Health Service
- Subpart PHS 380.5—Acquisitions Under the Buy Indian Act
PHSAR 380.501(b)
http://www.gpo.gov/fdsys/pkg/CFR-1999-title48-vol4/xml/CFR-1999-title48-vol4-chapA.xml#seqnumPHS 380.501
- Subpart 326.6--Acquisitions Under the Buy Indian Act
http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/subpart370/index.html#Subpart370.5--AcquisitionsUndertheBuyIndianAct
Department of Health and Human Service Clauses/Provisions (HHSAR)
- 352.226-1 Indian Preference (DEC 2015)
- 352.226-2 Indian Preference Program (DEC 2015)
What Offeror Must Provide in Response to an IEE Set-Aside Solicitation:
• A description of the required percentage of work/costs to be provided by the offeror over the contract term,
• A description of the source of human resources for work to be performed by offeror,
• A description of method(s) of recruiting and training Indian employees, indicating the extent of soliciting employment of Indian persons,
• A description of how subcontractors (if any) will be selected,
• Names, addresses and description of work to be performed by Indian persons or economic enterprise being considered for subcontracts (if any) and the percentage of the total direct project work/costs they will perform,
• Qualifications of key personnel (if any) to be assigned to the contract,
• A description of method(s) for compliance with any supplemental Tribal employment preference requirements contained in the solicitation
