Doing Business with U.S. Fish and Wildlife Service
The following information may assist you in your quest to provide services or supplies for the U.S. Fish and Wildlife Service (FWS), and specifically the FWS Region 3 Office located in Minneapolis, Minnesota.
Introduction
Identification of Government Requirements
Types of Solicitations
Terms Often Used in FWS Solicitations and This Guide
Applicable Laws and Regulations
Reminders to Potential Contractors
The Information Technology Security Requirements for Acquisitions GuideThe U.S. Department of Interior, FWS, with headquarters in Washington D.C, has seven Regional Offices throughout the United States, all of which have unlimited contracting authority.
If you have any comments regarding the information included in this Guide, or have any procurement-related questions, send an e-mail to the Division of Contracting and General Services at the Region 3 Office at fw3cgsoffice@fws.gov, or call 612-713-5200.
IDENTIFICATION OF GOVERNMENT REQUIREMENTS
In addition to commercial item buys, most Federal Government procurement actions exceeding $25,000 are synopsized at Federal Business Opportunities' (FedBizOpps) web site. Procurement actions set aside to meet legislative socio-economic goals, or those excluded from competition in accordance with the exceptions for Full and Open Competition requirements in the Federal Acquisition Regulations (FAR) Part 6, are not synopsized. Each synopsis identifies the services or supplies required and identifies the Government office responsible for the procurement.
Depending on the requirement, one of three types of solicitations may be used as described below. To differentiate between the three, each Region 3 solicitation number includes one of the three letters, "Q" (Request for Quotation (RFQ)), "B" (Invitation for Bid (IFB)), or "R" (Request for Proposal (RFP)). An example is solicitation number 301813Q003, which is an RFQ.
|
Type |
Description of Solicitation Type |
| RFQ | Solicitation issued for non-commercial item requirements $100,000 or less, for pricing requests for task or delivery orders against previously-awarded contracts, and for commercial item buys up to $5 million. A verbal or written RFQ may be issued for requirements under $25,000, while a written RFQ is most often issued for requirements between $25,000 and $100,000. A quoter may change or withdraw its quote prior to award. Unsuccessful quotes remain confidential after award. |
| IFB | Solicitation issued for requirements most often over $100,000. Formal public bid openings are conducted with all bids identified. The low bid is reviewed to insure solicitation requirements are met (e.g., bid properly signed, amendments acknowledged as required, bonding submitted, etc.), with award being made to lowest bidder determined to be responsible. Opened bids may not be changed or withdrawn prior to award of a resultant contract. |
| RFP | Solicitation issued for requirements, most often over $100,000, to be awarded on basis of evaluated technical and price proposals. Offerors propose method to satisfy Government requirements and its price to do so. Negotiation of the technical proposals and price proposals may be necessary. Offeror may withdraw its proposal at any time prior to contract award. Unsuccessful price proposals remain confidential after award. |
TERMS OFTEN USED IN FWS SOLICITATIONS AND THIS GUIDE
Bonding, or payment protection: Bonding is required for construction contracts over $100,000. Payment protection, which can be in the form of bonds or irrevocable letter of credit is required for projects over $25,000.
Commercial item: Item(s) commercially available to the general public and being advertised by the Federal agency often in FedBizOpps only, most often resulting in a formal solicitation not being issued. Contractors respond with pricing to FedBizOpps advertisement by written or faxed response.
Contract: A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them.
Delivery order: An order for the delivery of a supply item issued by an authorized ordering officer against an indefinite-delivery/indefinite-quantity (IDIQ) supply contract.
8(a) set aside: Small Business Administration's (SBA) legislative "Business Development Program" for qualified contractors (FAR Part 19.8). For further information, contractors should contact SBA, 100 North Sixth Street, Suite 210-C, Butler Square, Minneapolis, MN 55403, telephone 612-370-2324.
Federal Acquisition Regulation (FAR): Government-wide procurement regulations outlining requirements and methods for executing virtually all procurement actions.
Firm-fixed price: RFQ, IFB, or RFP requesting a specified price for a definitive statement of work. Awarded contract dollar total remains constant unless contract is modified.
HUBZone set aside: SBA's legislative program to support and stimulate economic development and create jobs in urban and rural communities, in specifically designated distressed areas, by providing access to more Federal contracting opportunities. Identified solicitations are set aside for contractors who maintain a principal office in specifically designated areas. To register, access the SBA's HUBZone website. For local assistance contact the Minnesota SBA District Office in Minneapolis at 612-370-2324.
Indefinite-delivery, indefinite-quantity (IDIQ): Type of contract where the statement of work in the solicitation outlines definitive service or product requirements, but quantities are unknown. Maximum and minimum quantities to be awarded are identified. IDIQ contract is awarded for the delivery of basic requirements with delivery or task orders issued for specified quantities.
Performance based: Type of contract where the statement of work does not specify method of performance, only the end results required. Contractor determines the best method of meeting the end results and provides pricing accordingly and is responsible for quality assurance.
Responsible contractor: A contractor who is determined to have adequate capability, competency, capacity, credit, integrity, perseverance, tenacity, etc., (FAR Part 19.6) to insure satisfactory completion of contract.
Statement of work: A definitive, or sometimes a very general and non-definitive, explanation of the project requirements required by the Federal agency.
Task order: An order for tasks, issued by an authorized ordering officer against an awarded IDIQ service contract, to be completed by the contractor.
APPLICABLE LAWS AND REGULATIONS
Contract Work Hours and Safety Standards Act (CWHSSA): CWHSSA requires that all laborers and mechanics employed by contractors or subcontractors in the performance of most Federal service contracts exceeding $2,500, construction contracts exceeding $2,000, and supply contracts between $2,500 and $10,000 be paid overtime compensation at a rate of not less than one and one-half times their basic rates of pay for all hours worked in excess of 40 in a workweek. CWHSSA is administered by the U. S. Department of Labor.
Davis-Bacon Act: The Act, administered by the U. S. Department of Labor, applies to construction contracts exceeding $2,000. Davis-Bacon wage determinations are included in construction solicitations and include minimum wage rates and fringe benefits to be paid to all laborers and mechanics employed under the contract. The Act also requires the contractor provide certified payroll documentation to the contracting officer as evidence of proper wage payment.
Fair Labor Standards Act: Requires payment of not less than the minimum wage provided in Section 6(a)(1) of the Act for contracts of $2,500 or less.
Migrant and Seasonal Agricultural Worker Protection Act (MSPA): MSPA, administered by the U. S. Department of Labor, provides labor standards and worker protection for migrant and seasonal agricultural workers. Worker protection includes vehicle and housing safety requirements, and disclosure of wages, hour, and working conditions, etc.
Service Contract Act (SCA): SCA, administered by the U. S. Department of Labor, is applicable to service contracts over $2,500. Service solicitations include applicable SCA wage determination(s) which includes minimum wage rates and fringe benefits to be paid employees of the contractor and subcontractors. During contract performance, Government inspectors interview contract employees to determine if appropriate SCA wages are being paid.
Walsh-Healey Public Contracts Act: The Act, administered by the U. S. Department of Labor, is applicable to most Federal contracts in excess of $10,000 for the manufacture or furnishing of materials, supplies, articles, and equipment. It requires that contractors be either manufacturers or regular dealers, and that employees are paid at least the minimum wage as required by the Fair Labor Standards Act. The Act also prohibits the employment of minors under 16 years of age and of convict labor on contract work and contains safety and health provisions.
REMINDERS TO POTENTIAL CONTRACTORS
1. Insure that project requirements such as the estimated start work date, performance time, statement of work, environmental and biological restrictions, drawings and exhibits, wage determinations, permits, licenses, bonding and insurance required, payment procedures, and all other contractual provisions are understood. Contact issuing office for clarification when necessary. FAR related forms for bonds, etc. are available on the web.
2. Site visits are recommended to ascertain terrain, difficulty of access, and to become aware of any other on-site conditions that may ultimately affect project work. Government-sponsored pre-bid meetings are generally not scheduled unless unusual circumstances warrant.
3. Firms doing business with the Federal Government must have a valid Dun & Bradstreet (D&B) number, obtained either through the Internet or by calling D&B at 1-800-333-0505.
4. Insure proposed pricing includes sufficient labor and applicable labor rates, equipment, transportation, insurance, bonds, consideration of timing of project and the environmental conditions during performance, temporary housing, overhead (general and administrative costs) and profit.
5. FWS utilizes the Central Contractor Registration (CCR), an on-line database (www.ccr.gov), as the single validated information source on vendors doing business with the Government as part of the Business Partner Network, a one-stop e-Government business information source. The CCR provides the FWS with a wide variety of vendor information including product/service data, addresses, and payment information. The SBA's Pro-Net database is being integrated into the CCR system.
Prospective vendors must be registered in CCR prior to the award of a contract; purchase order, delivery order, basic agreement, basic ordering agreement, or blanket purchase agreement. Effective October 1, 2003, all vendor payments will be made on the basis of Electronic Funds Transfer (EFT) information contained in the CCR.
At the present time this policy does not apply to Federal assistance applicants. Assistance applicants are encouraged to register in CCR but is not mandatory.
Existing and prospective vendors are required to complete a one-time registration process that is to be renewed annually. Prime contractors are not required to have their subcontractors register in CCR. However, if a prime's subcontractor wants to compete directly for contracts with the FWS, it should register in the CCR
