H345--Backflow Preventer Inspections
Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2022-06 (eff. 05/01/2022). This solicitation is set-aside for SDVOSB firms. The associated North American Industrial Classification System (NAICS) code for this procurement is 238220, with a small business size standard of $16.5M. The FSC/PSC is H345. The Department of Veterans Affairs, Network Contracting Office (NCO) 2 (James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx, NY 10468-3904) is seeking to acquire annual testing and inspection services for 14 existing backflow preventers. All interested companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 Annual backflow preventer inspection and report. Base period. 1 YR 1001 Annual backflow preventer inspection and report Option 1 1 YR 2001 Annual backflow preventer inspection and report Option 2 1 YR 3001 Annual backflow preventer inspection and report Option 3 1 YR 4001 Annual backflow preventer inspection and report Option 4 1 YR STATEMENT OF WORK Title: Backflow Preventer Inspections Purpose: Perform required annual testing and inspections on existing backflow preventers. Use the testing results to identify correctable issues, backflow preventers that require replacement, those that are unnecessary and those that are fully operational. Provide NYC Department of Environmental Protection (DEP) test form GEN-215B upon completion Background: The James J. Peters Veterans Affairs MedicalA Center (130 West Kingsbridge Road, Bronx, New York 10468) has a requirement for a NY State Department of Health Certified Backflow Tester to test and inspect 14 backflow preventers located in several locations within the facility (See Place of Performance). New York State law requires certain properties and businesses to install, maintain and test backflow prevention devices, which stop contaminated water from flowing backwards into the main water supply. The criterion for water quality set by WQ.2.2US Risk Management Techniques states that backflow preventers must be tested annually, and records of those tests must be maintained. The backflow preventers at the requesting facility have not been tested since November 2020 and, as a result, are currently out of compliance with VHA rules and regulations. Scope: Contractor shall provide all labor, personnel, supervision, and equipment necessary to perform necessary water tests and provide consultation services. Tasks and Deliverables: A certified tester shall test each backflow preventer for code compliance. The contractor must shut the water supply valve between the backflow preventer and the water main to perform the annual assembly test. After testing is complete, the contractor will open the water supply valve between the backflow preventer and the water main. Work must be done with the COR present or informed of which backflow preventer is being tested. NYC DEP test form GEN-215B shall be filled out by the certified tester and signed by a Licensed Master Plumber. The report must be submitted to NYC Cross Connections Control Unit and a personal record must be maintained by the facility. Provide the completed original form to the COR along with evidence that the form was successfully submitted to the NYC Cross Connections Control Unit. Period of Performance: The government requires a contract for a base year and four option years. All work must be completed within 30 calendar days after starting work and then annually within the same timeframe. Place of performance: James J. Peters Veterans Affairs Medical Center, 130 West Kingsbridge Road, Bronx, New York 10468 Backflow preventers are in: Boiler/AC Plant of Building 101 Research Building Pool pump room, Basement of Building 107, Community Living Center (CLC) basement mechanical room, Building 100, first floor and basement Contract Type: Firm Fixed Price Government Furnished Property: None Security: Privacy Requirements: This requirement was assessed for Information Security per Handbook 6500.6 Appendix A and no IT Contract Security clauses, as found in VA Handbook 6500.6 Appendix C, are applicable. The C&A requirements do not apply, and a Security Accreditation Package is not required. Contractor Rules of Behavior: This contract requirement does not require contractor personnel to review and sign the Contractor Rules of Behavior language as found in Handbook 6500.6 Appendix D. VA Privacy Training: This requirement was assessed for VA Privacy Training per Handbook 6500.6 Appendix A and no privacy training requirements are identified. Business Associate Agreement: This contract requirement does not require a Business Associate Agreement. Safety Requirements: All work shall comply with WQ2.2US Risk Management Techniques and National Fire Protection Association (NFPA) 25 Standards. The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all and any part of the work and hold the Contractor in default. VHA Supplemental Contract Requirements for Combatting COVID-19:A Contractor employees who work in or travel to VHA locations must comply with the following:A Documentation requirements:A If fully vaccinated, contractors shall show proof of vaccination.A NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.A If unvaccinated, contractors shall show negative COVID-19 test results dated within tee calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.A Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.A A Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information. A Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool.A Check regularly for updates.A Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.A Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information. A Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.A A A Other Related Services: Any services not expressly stated in this statement of work are not authorized. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer, unless they are inclusive to the requested services. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the contractor. Any additional services performed that are not authorized by the contracting officer will be considered inclusive. Contractor Qualifications: Contractor must meet the qualifications and be licensed by NYS to do this work. In New York State, individuals who test backflow prevention devices for the purpose of protecting the public water supply are required to hold a valid certification issued pursuant to 10 NYCRR Section 5-1.31. End of Statement of Work Place of Performance Address: 130 W. Kingsbridge Road, Bronx, NY Postal Code: 10468-3904 Country: UNITED STATES The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The full text of VAAR provisions or clauses may be accessed electronically at http://www.va.gov/oal/library/vaar/index.asp. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items (NOV 2021) Addendum to 52.212-1, Instructions to Offerors Commercial Items applies; see further below on this notice for details. FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) End of Addendum to 52.212-1 FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) Addendum to 52.212-2, Evaluation-Simplified Acquisition Procedures applies; see further below on this notice for details. FAR 52.212-3, Offerors Representations and Certifications Commercial Items (FEB 2021) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items (NOV 2021) Addendum to FAR 52.212-4: FAR 52.252-2: Clauses Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR) 52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) VAAR 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020) VAAR 852.203-70, Commercial Advertising VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set Aside. (NOV 2020) By the end of the base term of the contract or order, and then by the end of each subsequent option period VAAR 852.232-72, Electronic Submission of Payment Requests VAAR 852.270-1, Representatives of Contracting Officers VAAR 852.219-74, Limitations on Subcontracting Monitoring and Compliance (JUL 2018) This solicitation includes VA Acquisition Regulation (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor s offices where the Contractor s business records, or other proprietary data are retained and to review such business records regarding the Contractor s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor s compliance with the limitations on subcontracting or percentage of work performance requirement. VAAR 852.219-77 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction (SEP 2021) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that (1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.] (i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6. (ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution. (3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee; (ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating section 1001 of title 18. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed. (c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate. (d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award. Certification: I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror]. Printed Name of Signee: _________________________________ Printed Title of Signee: ________________________________ Signature: ______________________________________________ Date: ___________________________________________________ Company Name and Address: _______________________________ _________________________________________________________ VAAR 852.242-71, Administrative Contracting Officer (OCT 2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing tough an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation shall be furnished to the Contractor End of Addendum to 52.212-4 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 2022) The following subparagraphs of FAR 52.212-5 are applicable: All of subparagraph (a) Subparagraph (b)(8) Subparagraph (b)(21) Subparagraph (b)(22)(i) Subparagraph (b)(27) Subparagraph (b)(29) Subparagraph (b)(30)(i) Subparagraph (b)(32)(i) Subparagraph (b)(35)(i) Subparagraph (b)(44) Subparagraph (b)(45) Subparagraph (b)(51) Subparagraph (b)(58) Subparagraph (c)(1) Subparagraph (c)(2) WG-4206-09 $29.07/hour Subparagraph (c)(7) Subparagraph (c)(8) All of subparagraph (d) All of subparagraph (e) Other Terms and Conditions: Invoices CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management. INVOICES: Invoices shall be submitted in arrears annually, after performance tasks are complete and accepted. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Tungsten Network: https://us.tungsten-network.com/ All quoters shall submit the following: A technical capabilities statement, relevant technical qualifications and licensing of current staff members, past performance references, and a price submission. All quotes shall be sent to the Department of Veterans Affairs, Network Contracting Office (NCO) 2 via email to the Contract Specialist Cis Weider at Cistopher.Weider@va.gov. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. Options will be evaluated at time of award. Award decision factors: Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical Capability Past Performance Price. Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following: Technical Capability: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation. The quotation should provide a clear and demonstrative plan and explanation of the organization s ability to perform backflow preventer testing and inspection services as described in the statement of work. The following discussion points will be utilized to evaluate this requirement: Technical Experience: The contractor must understand the requirement in accordance with the Statement of Work including common inefficiencies, potential risks, and methods of mitigation. Contractor should provide a sample service plan/schedule/timeline that meets the requirements of the SOW. Employee Certifications/Licenses/Degrees/Training: Contractor must meet the qualifications and be licensed by NYS to do this work. In New York State, individuals who test backflow prevention devices for the purpose of protecting the public water supply are required to hold a valid certification issued pursuant to 10 NYCRR Section 5-1.31. Past Performance: The past performance evaluation will assess the relative risks associated with a quoter s likelihood of success in fulfilling the solicitation s requirements as indicated by the quoter s record of past performance. The past performance evaluation may be based on the contracting officer s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis. Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Total Evaluated Price will be that sum. Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s). The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation: Submission of Offers: Offers shall be received no later than the offer due date and time stated in Block 8 of the 1449. Offers received after this time may not be considered for award. Offers not following the specific instructions within this solicitation may not be considered further for evaluations towards this requirement. General Offeror Instructions: Offers shall clearly demonstrate an understanding of requirements, as well as convey the Offeror s capability for transforming its understanding into successful performance under the terms of a contract(s) resulting from the RFQ. A complete Offer shall consist of a technical capability statement that does not exceed 10 pages, relevant backflow preventer testing and inspection experience, past performance references, and a price submission. Credentials, training, and education documentation shall not be counted as part of the capability statement page limit. Incomplete Offers will be considered non-responsive and may not be further evaluated. Offer Content and Submission Instructions: Offerors are responsible for ensuring that offers fully comply with all requirements. Each offer shall clearly demonstrate that the Offeror understands the technical requirements of the Statement of Work (SOW). Failure to explain Offeror s ability to meet all requirements may result in the Offeror's proposal not being considered. The narrative shall provide the Government with a reasonable assurance that the company has the relevant experience, capacity and capability required to meet potential contract requirements. A restatement of the Statement of Work will be deemed unacceptable and may result in the assignment of a less favorable technical rating. Submit a completed, signed, and dated Limitations on Subcontracting certification with offer. Format for Submission: All items shall be submitted as described below. The Offeror shall submit one (1) electronic version emailed with all Offer materials to the Contract Specialist by the specified due date/time. The Offeror is responsible for confirming their submission was received. End of Addendum to 52.212-1 To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s), if any. Submission of your response shall be received not later than Thursday, May 26, 2022 at 4:00pm ET. Hand delivered offers will not be accepted. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Contract Specialist, Cistopher Weider, Cistopher.Weider@va.gov
36C24222Q0571 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 2
5/13/22, 12:30 PM