Description
Request for Quotation No. A11PS01505, is amended as follows: 1. Period of Performance should read 09/09/2011 through 06/30/2012. 2. To include the following provision: 3. Vendor is to complete Item C(1) of Notice of Indian Economic Enterprise Set-aside. 4. ALL OTHER TERMS AND CONDTIONS REMAINS THE SAME IN FULL FORCE AND EFFECT. NOTICE OF INDIAN ECONOMIC ENTERPRISE SET-ASIDE(a) Definitions as used in this clause.Eligible means that the majority owner of an Indian economic enterprise meets the definition of "Indian" and the enterprise meets the definition of "Indian economic enterprise," as set forth below. Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act tor Fiscal Year I991 (25 U.S.C. 47 note) does not render an Indian economic enterprise ineligible for contracts awarded under the Buy Indian Act. Indian means a person who is a member of an Indian Tribe. Indian 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. The enterprise must meet these requirements throughout these 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, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Pub. L. 92-203, 85 Stat. 688; 43 U.S.C. I601), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted pursuant to the Buy Indian Act, 25 U.S.C. 47, as amended, in accordance with the procedures in BIA Subpart 1480.8.(b) General.(1) Under the Buy Indian Act, offers are solicited only from eligible Indian economic enterprises. Therefore, the offeror must represent that its enterprise is eligible to be considered for award. If selected for award, the offeror must:(i) comply with the minimum 5I percent Indian ownership, daily business management, and, as applicable, majority earnings criteria;(ii) comply with the preference requirements contained in subparagraphs (c)(3) and (c)(4) below during performance of the contract if award is made to the economic enterprise; and(iii) provide the required percentage of the work/costs with its own resources, exclusive of manufactured or leased items or supplies or materials produced offsite.(2) BIA will reject all offers received from ineligible enterprises.(3) Any award resulting from this solicitation will be made to an eligible Indian economic enterprise, as defined in paragraph (a).(c) Required Submissions. In response to this solicitation, an offeror must also provide the following:(I) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by BIA 1452.280-3, Subcontracting Limitations clause;(2) A description of the source of human resources to 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" 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;(7) A description of method(s) for compliance with any supplemental Tribal employment preference requirements, if contained in this solicitation; and(d) Required Assurance. The contractor must provide written assurance to the Bureau that it will comply, or has, complied fully with the requirements of this clause. It must do this before the Bureau awards a Buy Indian contract, as well as, upon successful and timely completion of the contract, but the Bureau Contracting Officer (CO) accepts the work or product.(e) Continued eligibility. 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: (1) The economic enterprise may be declared ineligible for future contract awards under this part; and (2) The Bureau may consider termination for default if it is in the best interest of the government.(End of clause)