Diesel Fuel Oil for the Wagner IHS Healthcare Center

Sources Sought:  #2 Diesel Fuel Oil

Sources Sought Notice Number: IHS-WAG-26-1521561

This Sources Sought Notice is for informational and planning purposes only and shall not be construed as a solicitation, an obligation or commitment by the Indian Health Service.

This notice is intended strictly for market research to determine the availability of Indian Small Businesses Economic Enterprise (ISBEE), Indian Economic Enterprises (IEE), or Other Small Businesses.

Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether an ISBEE set-aside is possible. The anticipated applicable NAICS code for this acquisition is 324199 All Other Petroleum and Coal Products Manufacturing 950. .

The Government requests interested parties submit a written response to this notice, which includes:

a. Company Name

b. Company Socioeconomic Status

c. Company System for Award Management (SAM) Unique Entity Identifier (UEI) number

d. Company point of contact, mailing address, and telephone number(s), and website address

e. Name, telephone number, and e-mail address of a company point of contact who has the authority and knowledge to clarify responses from government representatives.

f. Cage Code:

g. Tax ID

h. Date submitted

i. Applicable company GSA Schedule number or other available procurement vehicle

j. Company’s System for Award Management (SAM) registration status. All respondents must register on SAM located at http://www.sam.gov/.

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 #2 Fuel oil for the Wagner IHS Healthcare Center. 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 –

1. E-mail response.  Shall be in a printer friendly format, Word or PDF, 8x11 page size, 5-page limit.
2. Certification as an IEE firm. The government is ONLY interested in IEE firms. 
3. 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 at www.sam.gov with applicable NAICS codes.
4. Prospective vendors shall be properly registered at 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 for IHS to issue an award and claim procurement actions with eligible IEE small business vendors.
5. Provide detailed capabilities statement, website, and e-catalog as it pertains to providing #2 fuel oil services.
6. Provide Unique Entity ID, generated by SAM.gov, and TIN. Contractor shall have an active registration in SAM.gov
7. Identify Business Size: Small or Large
8. 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:    454310 Fuel Oil Dealers with size standard size of number of employees; 100

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

•  25 USC 47

The Final Rule (Acquisition Regulations, Procedures for Contracting)

• Federal Registrar

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 

Closing Statement

Point of Contact: John Archambeau, Purchasing Agent, at •••••@•••••.•••Sign up to see this detail 

Submission Instructions:

Interested parties shall submit capability via email to John Archambeau, Purchasing Agent, at •••••@•••••.•••Sign up to see this detail.  Must include Sources Sought Number IHS1521561 in the Subject line. The due date for receipt of statements is December 31, 2025, 12:00 p.m. Central Time.

All responses must be received by the specified due date and time to be considered.

This notice is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of IHS.

IHS does not intend to award a contract based on responses nor otherwise pay for the preparation of any information submitted. As a result of this notice, IHS may issue a Request for Quote (RFQ).

THERE IS NO SOLICITATION AVAILABLE AT THIS TIME. However, should such a requirement materialize, no basis for claims against IHS shall arise because of a response to this notice or IHS’s use of such information as either part of our evaluation process or in developing specifications for any subsequent requirement.

Disclaimer and Important Notes. This notice does not oblige the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in SAM.gov. However, responses to this notice will not be considered adequate responses to a solicitation.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response.