J065--GE AISYS CS2 Anesthesia Machines Full Maintenance Agreement
General Information Document Type: Combined Synopsis/Solicitation Solicitation Number: 36C26120Q0557 Posted Date: 30 April 2020 Original Response Date/Time: 05 May 2020 / 3:00PM PDT Current Response Date: 05 May 2020 / 3:00PM PDT Product or Service Code: J065 Set Aside: None NAICS Code: 811219 Contracting Office Address VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas, NV 89086 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, and Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2020-05, dated 3-30-2020. The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of $22.0M. Evaluation Criteria: The Department of Veteran Affairs Network Contracting Office 21 (NCO21) shall use a simplified comparative evaluation procedure for determining the offeror who s quote results in providing the best value to the Government based on price and other factors for awarding a Firm Fixed Price task order for the requirements as stated herein. The comparative evaluation shall take note of strengths, weaknesses, and deficiencies. The Government reserves the right to consider quotes that offer more than the minimum in selecting the offer that provides the best value to the Government, and to award without discussions. Therefore, it is at the Governments discretion to consider other than the lowest priced offer for awarding the purchase order. The following factors, in no particular order, will be used for the evaluation: Price: Prices are to be quoted separately using the table provided herein or using a similar structured Line Item format for the base year and 4 Option Years. Thus, one document of the quote shall be submitted with unit price and extensions for each line item and totaled for all. Technical Approach: Offerors shall state from their own perspective their technical capability for performing the requirements as stated in the Statement of Work (SOW). Merely restating or copying and pasting what is in the SOW will be evaluated unacceptable. Third-Party Offerors shall submit along with their quotes, Training Certificates showing technician(s) have received training from the Original Equipment Manufacturer (OEM), GE Healthcare Inc. for performing the requirements as stated in the SOW. Any SDVOSB/VOSB Third-Party sources are required to be actively registered in the Veterans Information Page [VIP] by the closing date of this Combined Notice. Past Performance: Offerors past performance will be based on review of relative CPARs as reported at CPARS.GOV within the last 3 years for similar work. Any apparent uncorrected marginal and unsatisfactory ratings that resulted in a termination for cause will be evaluated as a significant weakness, with possible referral to the Small Business Administration for Certificate of Competency. Unassigned ratings will be evaluated as neutral. Offerors may submit up to 3 past performance references for similar work as described under the SOW herein. The Department of Veteran Affairs Sierra Nevada Health Care System (VASNHCS) is seeking to award a purchase order to a GE Healthcare Inc. Certified Trained Contractor for performing the work required under the SOW for a one-year base period, with 4 one-year option periods. Evaluation of Options: 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. 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. Evaluation of options will not obligate the Government to exercise the option(s). (NOTE: Offeror is NOT to quote on the Option to Extend Services) Service requirement is stated for the following: Services Line Item Description Qty Unit Unit Price Total Price 0001 Service Agreement for GE Healthcare Inc., AISYS CS2 Anesthesia Machines in accordance with the Statement of Work. (Base Period) 12 Months 1001 Service Agreement for GE Healthcare Inc., AISYS CS2 Anesthesia Machines in accordance with the Statement of Work. (Option Period One) 12 Months 2001 Service Agreement for GE Healthcare Inc., AISYS CS2 Anesthesia Machines in accordance with the Statement of Work. (Option Period Two) 12 Months 3001 Service Agreement for GE Healthcare Inc., AISYS CS2 Anesthesia Machines in accordance with the Statement of Work. (Option Period Tee) 12 Months 4001 Service Agreement for GE Healthcare Inc., AISYS CS2 Anesthesia Machines in accordance with the Statement of Work. (Option Period Four) 12 Months Total Base Year and All Option Periods Statement of Work GE AISYS CS2 Anesthesia Full Maintenance Agreement GENERAL: Contractors, contractor personnel, subcontractors, and subcontractor personnel, shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. BACKGROUND Repair services are required for the medical equipment/support systems listed in Section 4 of this document. There are no VA employees trained or qualified to perform this work. DESCRIPTION AND SCOPE OF WORK Furnish all labor, parts, material, travel and shipping to and from for Full Maintenance including All Repairs, Preventive Maintenance Inspections, Vaporizer Inspections and Loaner Devices on seven Anesthesia Machines listed. VA Sierra Nevada Health Care System (VASNHCS) located at 975 Kirman Ave, Reno, NV 89502. List of devices to be covered under this service agreement: Description Model Serial # Manufacturer ANESTHESIA MACHINE AISYS CS2 ANAL00109 GE Healthcare ANESTHESIA MACHINE AISYS CS2 ANAL00107 GE Healthcare ANESTHESIA MACHINE AISYS CS2 ANAL00105 GE Healthcare ANESTHESIA MACHINE AISYS CS2 ANAL00106 GE Healthcare ANESTHESIA MACHINE AISYS CS2 ANAL00108 GE Healthcare ANESTHESIA MACHINE AISYS CS2 ANAL00116 GE Healthcare ANESTHESIA MACHINE AISYS CS2 APWT02419 GE Healthcare GAS MODULE E-SCAIO SGV18360081HA GE Healthcare GAS MODULE E-SCAIO SGV18360036HA GE Healthcare GAS MODULE E-CAIOV-00-EN 6225948 GE Healthcare GAS MODULE E-CAIOV-00-EN 6236520 GE Healthcare GAS MODULE E-CAIOV-00-EN 6240259 GE Healthcare GAS MODULE E-CAIOV-00-EN 6240271 GE Healthcare GAS MODULE E-CAIOV-00-EN 7041025 GE Healthcare DELIVERABLES SCHEDULE The contract is to be paid by submitting invoices monthly in arrears. ALL repairs, including parts, labor and travel except consumables are covered under this contract. SCHEDULED MAINTENANCE: Preventive maintenance visits will be completed annually in the month mutually agreed upon by the customer and service contractor. The Contractor shall perform PM service to ensure that equipment listed in section 4 of the Statement of Work (SOW) performs in accordance with manufacturer s specifications. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) provided to the Technical Point of Contact (TPOC) at the completion of the PM. The contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety. RESPONSE TIME to Unscheduled Service: Contractor's FSE must respond with a phone call to the TPOC or designated alternate within one hour after receipt of telephoned notification, Monday tu Friday, 8AM to 9PM. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) within one business day of vendor notification of problem. PARTS: The Contractor shall furnish and replace parts to maintain the equipment covered by the contract. The Contractor has ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall include all parts except operating supplies. All parts used must meet OEM specifications. Used parts, those removed from another piece of equipment, shall not be installed without approval by the TPOC. All used or rebuilt parts must be specifically approved by the Contracting Officer or TPOC. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and TPOC (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and TPOC with a written estimate of the cost to make necessary repairs. CONTRACTOR RESOURCE REQUIREMENTS & QUALIFICATIONS Due to the criticality of medical devices/systems listed, the vendor is required to have at least one primary employee and one back-up employee on their staff that has a current Original Equipment Manufacturer Training Certification on the covered equipment. Vendor must provide copies of their employee s OEM Training Certificates with their formal offer on the Service Contract. Vendor must be able to provide Next Business Day On-Site support by their own staff, as needed toughout the entire length of the Contract. The contracted service shall ensure that the equipment functions in conformance with FDA Requirements and the latest published edition of NFPA 99. The equipment shall be maintained in accordance with the manufacturer s standards/specifications. ALL repairs, including parts, labor and travel except consumables are covered under this contract. Provide National Institute of Standards and Technology (NIST) Traceable Calibration details of any instrumentation used for repair or calibration. Certificates of calibrations must be available and provided within 2 business days when requested by the VA. PERFORMANCE STANDARDS AND QUALITY ASSURANCE Service contractor must furnish all tools and materials (e.g., service manuals, diagnostic software, etc.) required to maintain the equipment to manufacturer s operational specifications. Documentation of Service: At the conclusion of the maintenance visit the contractor will provide a written service report indicating the date of service, the model, serial number, the services performed, parts replaced, and the name of the representative. The reports will be delivered to the Biomedical Engineering Office, Room C4282-1, located at 975 Kirman Avenue, Reno, NV 89502. Service Reports can also be e-mailed to matthew.jones4@va.gov If applicable, any existing backups of calibration and configuration files must be fully restored, if not a full system calibration is to be completed. System functions must be verified to be fully operational. GOVERNMENT REPRESENTATIVE, SUPPORT, REPORTING AND COMMUNICATIONS Contractor to coordinate with Biomedical Engineering Office working hours to perform this repair service. The TPOC is Matthew Jones, (775) 784-3933. VASNHCS Biomedical Engineering will work with the service contractor to provide a designated area for the purpose of servicing the equipment listed in Section 4. In most cases work will be performed in the area where the equipment is used for patient care. LOCATION OF WORK AND TRAVEL Contractor Check-In: - The contractor s representative will contact Biomedical Engineering at (775)784-3933 or 784-3939 prior to performing any maintenance services. Work to be performed will be at VA Sierra Nevada Health Care System, Main campus located at 975 Kirman Avenue, Reno, NV. Operating Room. SECURITY REQUIREMENTS The service representative(s) will be required to sign in with the VA Police and be issued a temporary badge for each service visit. 10. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed tough the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 11. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 12. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 13. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 14. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. 15. INSURANCE/WARRANTIES The expectation is that the service contractor will provide the industry standard 90 day warranty for repairs/services. 16. ADDITIONAL INFORMATION Per VA Handbook 6500.6 Appendix A, question 6, The C&A requirements do not apply, and that a Security Accreditation Package is not required. Per VA Handbook 6500.6 Appendix A, question 7, VASNHCS Biomed Staff will escort vendor Field Service Engineer to ensure VA sensitive information that is protected. (End of SOW) It is anticipated that a firm-fixed price purchase order shall be awarded as a result of this combined synopsis/solicitation. Concerns having the capability to provide these services, and who can show that they have received certified training by GE Healthcare Inc. for providing services and support are invited to submit offers in accordance with the requirements stipulated in this solicitation to be evaluated on a comparative basis. As referenced under FAR 52.252-1 Solicitation Provisions Incorporated by Reference, and FAR 52.252-2 Clauses Incorporated by Reference, the following pertains: 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 https://www.va.gov/oal/library/vaar/index.asp The following FAR solicitation provisions apply to this acquisition: FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.212-1, Instructions to Offerors Commercial Items (Jan 2017) FAR 52.212-2, Evaluation Commercial Items (Oct 2014) FAR 52.212-3, Offerors Representations and Certifications Commercial Items (Jan 2017) Offerors must complete annual representations and certifications on-line at http://www.sam.gov/portal. in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. The following FAR contract clauses apply to this acquisition: FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) FAR 52.204-13, System for Award Management Maintenance (Oct 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.212-4, Contract Terms and Conditions Commercial Items (Oct 2018) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Oct 2019) FAR 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.L. 109-282) (31 U.S.C. 6101 note) FAR 52.209-6 Protecting Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)(31 U.S.C. 6101 note) FAR 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 657f) FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246) FAR 52.222-35, Equal Opportunity for Veterans, (Oct 2015) (38 U.S.C. 4212) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) FAR 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332) FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contacts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) FAR 52.217-8, Option to Extend Services (Nov 1999) Within 30 Days. FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)- Within 30 days; with a notice at least 60 Days; 5 Years. FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) The following VAAR contract clauses apply to this acquisition: VAAR 852.203-70, Commercial Advertising (Jan 2008) VAAR 852.212-72, Gray Market and Counterfeit Items (Mar 2020) VAAR 852.232-72, Electronic Submission of Payment Requests (Nov 2012) The following FAR Deviation Clause(s) in full text apply to this solicitation: 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2019-01). NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019-01) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d). [As used in this clause HUBZone small business concern means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103). Similarly situated entity means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.] Evaluation preference. Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except Offers from HUBZone small business concerns that have not waived the evaluation preference; and Otherwise successful offers from small business concerns. The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern. Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d)[(e)] and (e)[(f)] of this clause do not apply if the offeror has waived the evaluation preference. Offeror elects to waive the evaluation preference. [(d) Independent contractors. An independent contractor shall be considered a subcontractor.] [(e)] Agreement. A HUBZone small business concern agrees that in the performance of the contract, [By submission of an offer and execution of a contract, a HUBZone small business concern agrees that,] in the case of a contract for Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; [(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;] Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; [(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;] General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or [(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or] Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns. [(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.] (e)[(f)] A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (d)[(e)] of this clause. (f)[(g)](1) When the total value of the contract exceeds , a[Unless SBA has waived the requirements of paragraphs (g)(1)(i) tough (iii) of this clause in accordance with 13 CFR 121.1204, a HUBZone small business concern that provides an end item it did not manufacture, process, or produce, shall Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract . only end items manufactured or produced by HUBZone small business concern manufacturers. (2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States. (3)[(2)] Paragraphs ()[(g)](1) and (f)(2) of this section[clause] do[es] not apply in connection with[to] construction or service contracts[, or when the price evaluation preference is waived by the offeror]. (g)[(h)] Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror. (End of clause) All "quoters" shall submit the following: one copy of quote with unit price and extensions for each line item and totaled for all. All "quotations shall be sent via email to the Department of Veterans Affairs, 6900 N. Pecos Road, Building 6 North Las Vegas, NV 89086 via email address at thomas.mclain@va.gov. This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a firm fixed price purchase order award as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. Submission shall be received not later than 3:00PM PDT on 05 May 2020 at Department of Veterans Affairs, 6900 N. Pecos Road, Building 6 North Las Vegas, NV 89086 by email attachment. Email quotes to thomas.mclain@va.gov. 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 contract specialist, Thomas McLain at email address: thomas.mclain@va.gov. All questions regarding this solicitation are required to be submitted not later than 10:00AM PDT on 04 May 2020. Point of Contact Contract Specialist: Thomas McLain, (702) 791-9000 x 18929, email: thomas.mclain@va.gov. (End of Combined Notice)
36C26120Q0557 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21
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