6505--NEW - BS RADIOPHARMACEUTICALS Unrestricted Solicitation
This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 36C25720Q1117 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular. This requirement is 100% UNRESTRICTED. In order to be eligible for award an offeror must be small for the applicable NAICS code at the time of the quote submission and at the time of award. Only qualified offerors may submit bids. NAICS Code: 325412 and Size Standard is $16.5M. Introduction: The Government intends to award a firm fixed price contract based on this solicitation. Description of Services: The Contractor shall be required to provide radiopharmaceuticals at West Texas VA Medical Health Center (WTVAMC) location in accordance with the Performance Work Statement. Place(s) of Performance: West Texas VA Medical Center (Big Spring) Radiation Oncology Building 1, Room 264 300 Veteran Blvd Big Spring, TX 79720 Type of Contract: A Firm Fixed Price Period of Performance: August 10, 2020 August 09, 2024 EVALUATIONS: Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with FAR 13.106-2 Evaluation of Quotes. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process. Offeror quotes shall be evaluated under FAR 13.106-2(b)(3) Comparative Evaluation. 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. 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 obligated to determine a competitive range, conduct discussions with all contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15. The contracting techniques associated with FAR Part 15 are not mandatory. The Government will issue a contract to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government shall award a contract resulting from this solicitation. The following factors shall be used to evaluate offers:A Vendor must be registered is SAM with applicable NAICS code by the close of solicitation. Vendor must provide current industry certification to provide radiopharmaceuticals. Vendor must provide past performance for similar service (CPARS) Technical Approach: The Government will evaluate how the offeror s approach meets the requirements in accordance with the solicitation and Performance Work Statement and indicates a thorough approach and understanding of the requirements. Price: Price will be evaluated independently of the non-price factors TECHNICAL QUESTIONS: So that the Government may respond to all questions timely and in an appropriate format, questions must be submitted no later than by Tuesday, August 4, 2020 at 12:00 noon CST and will be answered by amendment to the solicitation. Telephonic inquiries will not be accepted. All technical questions shall be submitted via e-mail to ReginaldD.Hayes@va.gov. The subject line must specify 36C25720Q1117 Big Spring Radiopharmaceutical Questions. Questions received after this date will not be answered. QUOTE SUBMISSION DEADLINE: Quotes must be received no later than Thursday, August 6, 2020 at 3:00 CST. Email your quote to Reginaldd.hayes@va.gov. The subject line must specify 36C25720Q1117 Big Spring Radiopharmaceutical Quote Submission. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). PERFORMANCE STATEMENT OF WORK 1. Qualifications of Offerors: Contractor shall maintain a current license issued by the Nuclear Regulatory Commission and be regularly established in the business of providing radiopharmaceuticals. Offeror must provide copies of licenses and certifications along with quote to the Contracting Officer. 2. Radioactive Material License: The Contractor shall provide current copy of their Radioactive Material License no later than 30 days after each radioactive materials license renewal. Upon request by Contracting Officer Representative (COR), the Contractor shall provide a report of contractor s/licensee s RSO Safety Audits of Federal Compliance. 3. A contractor may subcontract with a Licensee to provide Radiopharmaceuticals to the West Texas Health Care System (WTVAHCS). The Radiopharmaceuticals must be shipped from the Licensee directly to WTVAHCS. Please note that the Offeror must provide copies of all relevant licenses, certifications, and/or partnering agreement(s), along with their proposal to the Contracting Officer. 4. Contractor/licensee shall meet all applicable Nuclear Regulatory Commission, VA/National Health Physics Program (NHPP), Department of Transportation, FDA, Joint Commission, OSHA, State, and Federal requirements, rules, and/or regulations related to the supply of Radiopharmaceuticals. 5. Contractor/licensee must be able to provide general Nuclear Medicine radiopharmaceuticals to West Texas VA Health Care System. REQUIREMENTS: In accordance with the VA Memorandum dated January 3, 2014, and signed by Under Secretary for Health, the Department of Veterans (VA) will preferentially procure medical radioisotopes from non-High Enriched Uranium (LEU) sources. The contractor for the VA radiopharmaceuticals must be able to produce medical grade radioisotopes from preferentially procured non-Highly Enriched Uranium-235 (LEU) sources. Contractor shall ensure that all Tc-99m provided under this contract has been produced by the low enriched uranium method when available. Presidential/White House request for preferential procurement made to the Veterans Health Administration (VHA), >90% of Technetium-99m unit doses will be derived from Non-High Enriched Uranium-235 (Non-HEU) sources, also known as Low Enriched Uranium-235 (LEU) sources. Pricing should include cost for both LEU and non-LEU derived Technetium-99m to account for instances were product availability becomes limited. 6. Contractor/licensee shall label all unit doses of delivered radiopharmaceutical with the amount, preparation time, expiration time, and date. Compliant with Nuclear Medicine information system. 7. An additional label shall be affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The label must include the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" and an identifier that ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label. 8. All packages containing radioactive material must be labeled and shipped in accordance with Title 49, Code of Federal Regulations Part 172 and 173. 9. Contractor/licensee shall perform all quality control procedures as required by Federal, and when applicable, State regulatory agencies. Quality Control results will be furnished to WTVAHCS upon request. 10. Contractor/supplier shall abide by Title 10, Code of Federal Regulation, which states: A Licensee may use for medical purposes only: (a) By-product material shall be labeled, packaged and distributed in accordance with a license issued pursuant to the regulations in Title 10, Code of Federal Regulations, Part 35 and/or the equivalent regulations of an Agreement State. (b) Reagent kit that has been manufactured, labeled, packed and distributed in accordance with approval by the Commission pursuant to Title 10 CFR 32.72 or an Agreement State under equivalent regulations for the preparation of radiopharmaceuticals for medical use. 11. In order to comply with the Nuclear Regulatory Commission s requirement that shippers and recipients of the radioactive material clearly delineate roles and responsibilities relating to shipper functions, the contractor will be responsible for the following while transporting radioactive materials to and from the medical center. Transporting radioactive material only in DOT and NC Department of Radiation Protection Section approved transport containers. Properly placarding the containers where appropriate with radioactive White I, Yellow II or Yellow III Radioactive Labels, following the current standard DOT guidelines. 12. Contractor/licensee shall have available an adequate supply of contracted products to meet the requirements of the WTVAHCS with proof of contingency supply chain to prevent disruption of clinical care. Contractor will utilize only FDA approved products and sources for those products, unless otherwise mutually agreed upon in the context of compassionate care. Pricing will be based upon a unit dose price per quantity of doses ordered with no other fees or surcharges. A tiered pricing structure with lower cost per increased quantity used is preferred. 13. Contractor/licensee will deliver radioisotope in an amountA greater than or equal to the activity ordered with calibration for the specified appointment time so that patient administered quantity is within regulatory limits of the prescribed dose. The quantity of radioactivity will not deviate more than 10% or less than 5%, at the time of calibration, from the quantity ordered. 14. Radiopharmaceutical Returns for Credit: WTVAHCS facilities are each allowed a minimum 10% radioisotope returns for all contracted radiopharmaceuticals due to patient cancellation, no show, and/or rescheduling at no cost to the facility. In addition, the Contractor shall accept returns for full credit toward future orders under the following conditions: a. Product(s) ordered or shipped in error. b. Product(s) damaged in shipment c. Concealed shipping damages d. Recalled product(s) e. Outdated products in unopened, original container. 15. Invoicing: Contractor will provide monthly invoices with complete itemized list of all procedures performed during the month, listed by prescription number, dose amount. patient name, procedure, date with time and individual cost per item listed. The invoice will show period covered and the correct purchase order number. Invoicing shall be submitted within 7 days after the last day of each month (period covered). 16. Normal/ Routine Ordering: Routine orders shall be placed by authorized VA Nuclear Medicine Service (NMS) personnel during normal business hours toughout the workday. The Contractor/licensee will be furnished the name(s) of VA personnel that are authorized to place orders against the Contract, and will provide appropriate personnel and contact information for staff receiving orders, able to offer technical or administrative support, as well as staff involved in radiopharmaceutical delivery in accordance with VA Radiation Safety Office requirements. Orders shall only be placed by authorized WTVAHCS personnel via secure online ordering system. For electronic ordering systems, a closed-loop communication process such as confirmation e-mails is preferred. Secure VA approved email may also be used when online services are down. 17. Normal/ Routine Deliveries: Radiopharmaceutical delivery will be required based upon clinical schedule. Depending on the schedule the Contractor/licensee may be required to provide daily routine delivery and pick-up. Delivery orders, or the electronic ordering system, shall include the following information: Contract line item(s) and quantity Time(s) of delivery Applicable VA purchase order number Offeror with VA approved Information Security systems that allow ordering that includes Protected Health Information (PHI) to better protect patient safety. As noted above, Contractor/licensee agrees to accept unused radiopharmaceutical and provide reimbursement per unit dose applicable towards future orders. A minimum 10% radiopharmaceutical return rate for all diagnostic tracers is considered requisite, and a broader return policy is preferred. Contractor is responsible for on-time delivery of radiopharmaceutical and will have back-up facilities/production options available to maintain greater than 99% on time delivery (per invoice cycle) or risk penalty that includes no charge doses that, at a minimum, equal the amount of missed doses and 10% discount for that invoice. Radiopharmaceutical may be ordered up to 2:00 pm the day before the delivery is required. 18. Contractor will provide WTVAHCS NMS personnel access to relevant online and/or live Continuing Education opportunities at no cost to WTVAHCS to ensure staff remain current in safe receipt and handling of radioactive materials/radiopharmaceuticals, as well as related regulatory requirements. 19. Same-Day Delivery/STAT Orders: Delivery times for ASAP/Urgent and add-on deliveries shall be during VA NMS routine business hours. Deliveries should not exceed 120 minutes from time the order is placed and at no additional cost. NMS normal business hours are considered Monday tough Friday: 7:30 am 3:30 pm, except Federal Holidays. The following are Federal Holidays: New Year s Day Birthday of Martin Luther King, Jr. (day of observance) Washington s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran s Day Thanksgiving Day Cistmas Day (Any other day designated as a National Holiday by the President of the United States.) 20. Ordering Information: Contractor/licensee shall provide contact information for the placement of orders for items listed in the Schedule of Supplies and Services Section. Orders shall be placed each day (Monday tu Friday by 4:00pm) for delivery the next business day (Monday tu Friday). Additional orders may be placed daily for same day delivery at no additional delivery charge. Please complete the following request information as part of your submission: POC Name: Address: City/State/Zip Code: Phone Number: Fax Number: E-Mail Address: 21. Delivery Commitment: Time of delivery specified or mutually agreed to at the time of receipt of electronic order(s) shall become mandatory upon the Contractor's/licensee s acceptance to commitment. Delivery of supplies by the scheduled time will be complete except as otherwise authorized by the Ordering Personnel. Failure to perform in accordance with the delivery commitment may be grounds for termination of contract in accordance with the provisions for default. The Government may terminate this contract in whole or in part if the contractor fails to meet the required delivery schedule. The contractor/licensee shall not be charged with damages when the delay in delivery arises out of causes beyond their control and without the fault or negligence of the contractor/licensee. When the Contractor offers an earlier or later delivery date and time than specified, the Government reserves the right to award whether in accordance with the requested schedule or in accordance with the earlier schedule offered by the contractor. If a contractor offers a longer delivery than that requested, the Government may award based on that schedule. If the contractor offers no other delivery schedule, the delivery requested shall apply. Delivery of supplies by the scheduled date will be complete except as otherwise authorized by the Ordering Personnel. The Government may terminate this contract in whole or in part if the contractor fails to meet the required delivery schedule. Delivery date and time specified may be adjusted by the VA Ordering Activity. The Contractor will be notified of this change at least one (1) day prior to the original or adjusted delivery date. d. Delivery personnel must check in with Police Service personnel just prior to delivery to room 264. 22. Delivery Location: Deliveries will be made to: West Texas VA Health Care System (Big Spring) Radiation Oncology Building 1, Room 264 300 Veterans Blvd Big Spring, TX 79720 23. Contractor s Requirement During Contract Period: a. Contractor/licensee will provide updated lists of delivery personnel who will sign in/sign out with WTVAHCS/Nuclear Medicine Service staff upon each delivery of radiotracer and follow all relevant policies and procedures in place at WTVAHCS facilities/Nuclear Medicine Service. b .Compliance with all applicable regulatory bodies, including FDA and TX/US DOT is requisite. 24. Waste Removal: Contractor shall be responsible for proper disposal/removal of radioactive waste materials from doses that originated by the Contractor. 25. Consultation: A licensed Radio pharmacist shall be provided by the Contractor and will be available for consultation inquiries, via telephone, during normal duty hours, Monday tough Friday, 7:00 am to 4:30 pm at no additional charge 26. Quality Control (QC)/Quality Assurance (QA): Contractor shall ensure that all radiopharmaceuticals supplied by the Vendor shall meet Food and Drug Administration(FDA) and Nuclear Regulatory Commission (NRC) standards for sterility, freedom from pyrogens and contaminants, and radiochemical integrity. In the event a quality control or material defect is suspect and/or detected by a VA Nuclear Medicine Technologist, the Contractor shall provide any consultation necessary to alleviate any said suspicion and/or defect by the following: Provide technical expertise in calibration; and Provide professional examination of product, submit recommendation to Contacting Officer; and Make expedient replacement of any product suspected of being deficient. Offerors will also be required to perform all quality control procedures as required by Federal and State regulatory agencies and Joint Commission as they pertain to Radio Pharmaceuticals. 27. Integrated Tool Dose Management: The contractor shall provide an Integrated Tool Dose Management software for reporting purposes; example: manage inventory, daily doses, waste receipts, area wipe, surveys, linearity tests, etc. Offeror must provide all computer system requirements for the software, along with their proposal to the Contracting Officer. 28. Performance Monitoring-Quality Assurance Surveillance Plan (QASP): The Government will periodically evaluate the Contractor s performance to ensure performance objectives are being met. The Government may inspect each delivery as deemed appropriate to ensure quality, standards and safe products are received. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The COTR will validate any complaints and report to the Government Contracting Officer who will then take necessary action to enforce Contract compliance. 29. Schedule of Supplies and Services: The Department of Veterans Affairs West Texas VA Health Care System, Nuclear Medicine Service requires the contractor/licensee to provide radiopharmaceuticals, and any needed check/QC/etc sources to be used with Radio assay, Radiopharmacy, Gamma Camera system within WTVAHCS. Items will be unit dose and on as needed basis, in accordance with scheduling requirements for the period of one Base Year with four Option Years that may be exercised at the Agency s discretion. Note: All annual quantities are estimates, contractor will only be paid for items and quantities actually ordered and delivered. EST. Contract Awarded COST DESCRIPTION QTY. UNIT Tc99m- Medronate-MDP 40 (25mCi/dose) A A A A A Tc99m-MAA 2 (5mCi/dose) A A A A A Tc99m Mebrofenin-CHOLETEC 30 (8mCi/dose) A A A A A Tc99m Penetate- DTPA 2 (40mCi/dose) A A A A A Tc99m Sulfur Colloid 2 (6mCi/dose) A A A A A Tc99m Pertechnetate 10 (20mCi/dose) OR QC 50mCi A A A A A Tc99m Mertiatide- Mag3 2 (10mCi/dose) A A A A A Tc99m Sestamibi/Cardiolite 150 (10mCi/dose(s)) A A A A Tc99m Sestamibi/Cardiolite 150 (30mCi/dose(s)) A A A A A Pyrophosphate (Pyp) 2 A A A T1201-Thallium 2 (4mCi) A A A A A Ga67-Gallium 2 (6mCi) A A A A A I123-Diagnostic Caps 15 (200 microCi) A A A A A Integrated Tool system/Syntrac 12 Monthly Fee A A A A A Daily delivery fee-Weekday: 150 Delivery to be made between A A the hours of 7:30a.m.-4:30p.m. A A A A A Unused radiopharmaceutical 20 product disposal A A A A A A A A Gd153 Reference Line Source 1 (HEGL-0133) 10.0 mCi (include disposal of old source) A A A A A Co57 Point Source (PHI-0124) 1 A 50.0 uCi (include disposal of old source) A A QUOTE/OFFER SHOULD BE BROKEN DOWN AS FOLLOWS: PRICE/COST SCHEDULE CLIN: Period ESTIMATED QUANTITY: UNIT: UNIT PRICE: TOTAL PRICE: 0001 Base Year 12 Months $______ $______ 1001 Option Year 1 12 Months $______ $______ 2001 Option Year 2 12 Months $______ $______ 3001 Option Year 3 12 Months $______ $______ TOTAL: $______ The following clauses and provisions apply to this solicitation: 52.209-5, Certification Regarding Responsibility Matters 52.212-3, Offeror Representations and Certifications-Commercial Items 52.212-4, Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items 52.217-8, Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. (End of Clause) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation.A Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price.A Evaluation of options will not obligate the Government to exercise the option(s). (End of Addendum) 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Right 52.203-99 Prohibition of Contracting with Entities That Require Certain Internal Confidentiality Agreements 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3). 52.222-3, Convict Labor 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management 52.237-3 Continuity of Services (JAN 1991) 52.232-39, Unenforceability of Unauthorized Obligations (In the FAR https://www.acquisition.gov/far/html/52_232.html#wp1160005) 52.233-3, Protest after Award (In the FAR https://www.acquisition.gov/far/html/52_233_240.html) 852.203-70, Commercial Advertising (JAN 2008) 852.232-72, Electronic Submission of Payment Requests 852.237-70, Contractor Responsibilities 852.273-70, Late Offers (Jan 2003) 52.252-1, Solicitation Provisions Incorporated by Reference: This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es). 52.252-2, Clauses Incorporated by Reference: 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/these address (es). Full text can be obtained at http://www.acquisition.gov/far/index.html (End of Clause) VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes FAR 52.219-6, Notice of Total Small Business Set-Aside and FAR 52.219-14 Limitations on Subcontracting (MAR 2020). (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. 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. (c) 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. (d) 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. (End of Clause) 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veterans Affairs Network Contracting Office (NCO 17) NCO 17 RPO West 124 E. Hwy 67 Duncanville, Texas 75137 Mailing Address: Department of Veterans Affairs Network Contracting Office (NCO 17) NCO 17 RPO West 124 E. Hwy 67 Duncanville, Texas 75137 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) (a) Any protest filed by an interested party shall (1) Include the name, address, fax number, email and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester s representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) (a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov. (b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer. (End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows: Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management: Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W. Washington, DC 20420 REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor Performance System (CPARS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. Each contractor whose contract award is estimated to exceed $100,000.00 is required to register with the NIH CPS database at the following web address: http://www.cpars.gov/ Training and help in registering can be obtained by contacting the point of contact information listed at this website and the hyper-link for training or by phone at 207-438-1690. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer. The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417) was enacted on October 14, 2008. Section 872 of this Act required the development and maintenance of an information system that contains specific information on the integrity and performance of covered Federal agency contractors and grantees. The Federal Awardees Performance and Integrity Information System (FAPIIS) were developed to address these requirements. FAPIIS is a distinct application that is accessed tough the Past Performance Information System (PPIRS) and is available to federal acquisition professionals for their use in award and responsibility determinations. FAPIIS provides users access to integrity and performance information from the FAPIIS reporting module in the Contractor Performance Assessment Reporting System (CPARS), proceedings information from the Central Contractor Registration (CCR) database, and suspension/disbarment information from the Excluded Parties List system (EPLS). SUBMISSION OF QUOTE (FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS): The Offeror shall submit their quote on company letterhead and shall include unit price, overall total price, name, address, and telephone number of the offeror, firm's DUNS# and ORCA document in SAM at www.sam.gov. Complete copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document. The Offeror shall provide sufficient evidence that they possess adequate resources, capability, experience, responsibility and integrity to meet the technical capabilities to comply with the requirements of the resulting contract. The Offeror shall be registered in SAM.gov prior to contract award. 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:" The offeror shall meet the limitation in subcontracting clause. The subcontract vendor must be similarly situated in the same. The offeror shall outline how they will be in agreeance/compliance with the limitations on subcontracting requirements in 13 CFR A125.6. Any quotes using subcontractors or teaming partners to perform any part of the work must show the subcontractor or teaming partner to be similarly situated as the prime. A similarly situated subcontractors or teaming partners is a company who has the same size standard and NAICS code as the prime offeror/vendor. Similarly situated entity is a subcontractor that has the same small business program status as the prime contractor. This means that: For a HUBZone requirement, a subcontractor that is a qualified HUBZone small business concern; for a small business set-aside, partial set-aside, or reserve a subcontractor that is a small business concern; for a SDVO small business requirement, a subcontractor that is a self-certified SDVO SBC; for an 8(a) requirement, a subcontractor that is an 8(a) certified Program Participant; for a WOSB or EDWOSB contract, a subcontractor that has complied with the requirements of part 127. In addition to sharing the same small business program status as the prime contractor, a similarly situated entity must also be small for the NAICS code that the prime contractor assigned to the subcontract the subcontractor will perform.
36C25720Q1117 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17
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