6640--Urinalysis testing
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. (ii) The solicitation number 36C26223Q0875 is issued as a Request for Quotation (RFQ) in conjunction with FAR -- Part 13 Simplified Acquisition Procedures and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract. (iii) The provisions and clauses in this document are in effect tough the Federal Acquisition Circular 2023-02, March 16th, 2023. (iv) This solicitation intends to award a contract tough full and open competition to a business associated with NAICS North American Industrial Classification System Code 334516 with a size standard of 1,000 employees. (v) See Attachment A - Schedule for a list of line-item numbers, items, quantities, and units of measure. (vi) The Department of Veterans Affairs (VA) seeks to make an Indefinite-Delivery Indefinite-Quantity contract for Urinalysis testing. The system procured for urinalysis test shall provide both macroscopic and microscopic testing parameters on an automated testing platform. As part of the cost per test contract the vendor shall supply all reagents, consumables, equipment, and service identified in Attachment A for the system for the Veterans Integrated Service Network 22 (VISN 22) Healthcare Systems listed in Section vii. See Attachment A - Schedule of Pricing for a listing of test and volume requirements and Attachment B - Statement of Work for a listing of Minimum System Requirements (Salient Characteristics) and other requirements. Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation, otherwise it will be considered non-responsive. The technical specifications for this requirement are listed in Attachment B Statement of Work. The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the requested system that conforms to all requirements. SOLICITATION / CONTRACT ADMINISTRATION DATA SECTION A GENERAL TERMS A.1 SOLICITATION / CONTRACT ADMINISTRATION DATA IDIQ ADMINISTRATION: All IDIQ administration matters shall be handled by the following individuals: OFFERER / CONTRACTOR: [Primary Contractor Contact]: [Company]: [Street Address]: [City, State, Zip]: [Phone number]: [Email address]: [DUNS Number]: GOVERNMENT: Daniel Ruiz, Contracting Officer Department of Veterans Affairs Network 22 Contracting Office 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 562-766-2280; Daniel.Ruiz@va.gov Clift Domen, Contract Specialist Department of Veterans Affairs Network 22 Contracting Office 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 562-766-2241; Clfit.Domen@va.gov OFFEROR REMITTANCE ADDRESS: All payments by the Government to the Offeror will be made in accordance with: [X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Offeror Registration, or [ ] 52.232-36, Payment by Third Party INVOICES: Invoices shall be submitted in arrears: Quarterly [] Semi-Annually [] Other [ X ] (Monthly) GOVERNMENT INVOICE ADDRESS: All invoices from the Offeror shall be submitted electronically to: https://us.tungsten-network.com/. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE The above amendment section must be filled-out in the event that an Amendment(s) is sent to the offeror or posted to https://sam.gov/ and must be returned with the RFQ package. Failure to acknowledge amendment(s) may constitute the rejection of the offer. A.2 DESCRIPTION OF AGREEMENT INTENT: In the spirit of the Federal Acquisition Streamlining Act and pursuant to Federal Acquisition Regulation (FAR) Part 13 and FAR Part 16, the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 establishes this Single Award Indefinite-Delivery Indefinite-Quantity contract for Urinalysis testing on a Cost-Per-Test basis described within this solicitation. The Contractor shall make available for purchase all the necessary licenses, equipment, and all other supplies made commercially available by Contractor to perform the specified functions for VISN 22 as outlined within this IDIQ. In addition, as requirements change, facilities within VISN 22 may be added or deleted by supplemental agreement of the Government and the Contractor. TERM OF AGREEMENT: This IDIQ shall be a one (1) year base period plus four (4) optional one-year renewal periods which will be reviewed, at least, annually In Accordance With (IAW) FAR Part 13.303-6 to ensure the IDIQ terms are met, to assess current market conditions and to determine price reasonableness. Additional discounts maybe requested by VISN 22 at any time. If the Contractor fails to perform in a manner satisfactory to the Contracting Officer (CO), this IDIQ may be canceled with a thirty (30) day written notice to the Contractor by the CO. PARTICIPATING FACILITIES: The following facilities currently within VISN 22, and future facilities that fall under the authority of VISN 22, may be added or deleted to this agreement with an exercise of a supplemental agreement between the Government and the Contractor. VA Greater Los Angeles Healthcare System | 11301 Wilshire Blvd, Los Angeles, CA 90073 VA Sepulveda Ambulatory Care Center | 16111 Plummer Street, Sepulveda, CA 91343 VA Los Angeles Ambulatory Care Center | 351 East Temple Street, Los Angeles, CA 90012 VA Loma Linda Healthcare System | 11201 Benton Street Loma Linda, CA 92357 VA San Diego Healthcare System | 3350 La Jolla Village Dr, San Diego, CA 92161 VA Long Beach Healthcare System | 5901 E. 7th Street, Long Beach, CA 90822 VA Phoenix Healthcare System | 650 E Indian School Rd, Phoenix, AZ 85012 VA Prescott Healthcare System | 500 North Hwy 89, Prescott, AZ 86313 VA Tucson Healthcare System | 3601 S 6th Ave, Tucson, AZ 85723 VA Albuquerque Healthcare System | 1501 San Pedro Dr SE, Albuquerque, NM 87108 IDIQ LIMITS: This IDIQ contract shall not exceed the ceiling value of $5,000,000.00 and/or total duration of 78 months from the effective date of the IDIQ, whichever occurs first. Pricing shall be established based on the estimated quantities listed in Attachment A Schedule of Pricing; therefore, the overall IDIQ Contract ceiling value may be revised via supplemental agreement between the Contractor and the VA to accommodate VISN 22 needs. IDIQ ORDERS: This IDIQ is a pricing agreement and does not obligate any funds. The Government is obligated only to the extent of authorized IDIQ Delivery Orders (DO) issued under the IDIQ by authorized individuals. DO s shall be identified by the IDIQ Number TBD and DO Number TBD. Any DOs issued during the effective term of this IDIQ shall be completed by the Contractor within the time specified in the DO, including all option years. All products ordered under DO/TO s shall be subject to the terms and conditions of this IDIQ. The Contractor shall accept the price, terms and conditions of an issued DO as long as they do not conflict with the terms set forth in the IDIQ. DO s shall be limited to TBD per order. This amount is subject to change if additional facilities are added to the IDIQ within VISN 22. ORDERING METHOD: All orders shall be placed against valid DO s signed by the CO. The CO shall designate primary facility Point of Contacts (POC s), as necessary, which may coordinate delivery quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions. IDIQ PROGRAM MANAGER: The Contractor shall provide a primary IDIQ program manager who shall be responsible for the performance of the work under the IDIQ. In addition, the program manager shall act as the main focal point of communication between the CO and the Contractor. The name of this person shall be designated in writing to the CO. The program manager shall have full authority to act on behalf of the Contractor on all contractual/IDIQ matters relating to daily operation of the IDIQ. Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: ORDERING CONTACT: The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities shall place orders: Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: Contact Name: Contact Title: Street Address: City, State, Zip: Direct Phone No.: Alt. Phone No.: Fax No.: Email address: DELIVERY: The Contractor shall deliver all supplies and services identified in the schedule to the locations identified in Section A.2.3, Participating Facilities. The delivery location is subject to change as required by the designated authority or authorized personnel at the receiving facility. The primary facility POC shall be required to notify the Contractor when delivery locations have been changed. All deliveries shall be accompanied by a delivery ticket or sales slip which shall contain: Contractor name, IDIQ number, DO number, VA obligation number, date of order, date of delivery, itemized list of products furnished, including product description and quantity shipped. All deliveries shall be made during normal working hours from 8:00a.m. to 4:00p.m, local time unless specified otherwise. Standard orders shall be delivered within no more than four (4) working days after receipt or placement of order. Emergency deliveries may be necessary on rare occasions and may occur outside of working hours from 4:00 p.m. to 8:00 a.m. local time. Under emergency occurrences, the Contractor shall deliver to the Government site in the most expeditious manner possible. Without additional cost to the Government, unless expedited shipping/delivery is approved by the primary facility POC, CO or other authorized individual. The Contractor shall provide an emergency point of contact, if different from the standard points of contacts. No product substitutions shall be made by Contractor without prior approval of the treating facilities primary Point of Contact. However, if substitution would further obligate the government, the Contractor shall have approval of a warranted Contracting Officer. PACKAGING: All supplies shall be adequately packaged to prevent damage during shipping, handling and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products at the Contractor s expense. INVOICING AND PAYMENT INFORMATION: An itemized invoice shall be submitted at least monthly or upon expiration of this IDIQ, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets. Invoices shall be submitted to WWW.TUNGSTEN-NETWORK.COM in accordance with FAR Part 52.232-34, Payment by Electronic Funds Transfer and VAAR Part 852.232-72. The following information shall be listed on all invoices (Failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor). Facility s Name and address where service was provided IDIQ Number (For Example: 36C26221A0001) Delivery Order Number (For Example: 36C26221N0001) Obligation Number (For Example: 600-C17001) A Line Item break down of usage for example: Line item 1 GI Scope Lease: 1 MO at $400.00 Line item 4 GI Service Maintenance: 1 MO at $10.00 Include the period of time that is being invoiced for in the invoice. IDIQ Holder s Internal Contract number (if applicable) Include point of contact for concerns and questions. Contractor must name a specific person, phone number and email. IDIQ REVIEW: The Contractor shall conduct a complete IDIQ review with the CO/CS, at least annually and as requested by the CO/CS, to ensure the IDIQ terms and conditions are being met, analyze and project item ordering trends, and discuss all other actions that are within the scope of this IDIQ. (vii) Delivery Requirements: Place of Delivery: VA Greater Los Angeles Healthcare System | 11301 Wilshire Blvd, Los Angeles, CA 90073 VA Sepulveda Ambulatory Care Center | 16111 Plummer Street, Sepulveda, CA 91343 VA Los Angeles Ambulatory Care Center | 351 East Temple Street, Los Angeles, CA 90012 VA Loma Linda Healthcare System | 11201 Benton Street Loma Linda, CA 92357 VA San Diego Healthcare System | 3350 La Jolla Village Dr, San Diego, CA 92161 VA Long Beach Healthcare System | 5901 E. 7th Street, Long Beach, CA 90822 VA Phoenix Healthcare System | 650 E Indian School Rd, Phoenix, AZ 85012 VA Prescott Healthcare System | 500 North Hwy 89, Prescott, AZ 86313 VA Tucson Healthcare System | 3601 S 6th Ave, Tucson, AZ 85723 VA Albuquerque Healthcare System | 1501 San Pedro Dr SE, Albuquerque, NM 87108 Period of Performance/Delivery Timeframe: The period of performance will start shortly after award for a one (1) Year Base Period with the Government having the option to exercise four (4) one-year renewal periods in conjunction with 52.217-9. Additional Delivery Requirements Must be able to deliver kits within two days of an order by the designated Contracting Officer Representative or Program Office Designee. Orders shall be made on an as needed basis toughout the period of performance not to exceed stated totals within the schedule without a supplemental agreement between the Contractor and Contracting Officer in accordance with 52.212-4(c) and 52.217-6. All shipping shall be inclusive of prices within the schedule and FOB Destination. (viii) The provision at 52.212-1, Instructions to Offerors Commercial Items, applies to this solicitation. Addendum: All offeror quotes for this solicitation must be received electronically tough email no later than Friday, June 9th, 2023, 1:00 PM PDT. Ensure to reference solicitation number 36C26223Q0875 within subject line of the email. Any offeror quotes received after the prescribed date/time shall be considered non-responsive and will not be considered for award. Any questions regarding this solicitation must be received electronically tough email no later than Tuesday, May 30th, 2023, 1:00 PM PDT. Offers shall be sent by email to Clift Domen at Clift.Domen@va.gov. Offerors shall submit the following via email: Pricing Please submit a completed Attachment A Schedule of Pricing. Offerors shall fill out all unlocked fill-ins/tabs of Attachment A conforming to requirements stated by the salient characteristics and the instructions below. Tab 1. VISN CPT: This tab provides as a CPT buildup overview for VISN 22 Urinalysis. Data values such as estimated volumes and offeror costs are brought in from Tabs 2 8. There are no actions to be completed by offerors in Tab 1. Tab 2. EST ANNUAL SITE VOL: This tab provides estimated annual volumes per test for each participating VA site. This includes estimated volumes for tests, controls, and 5% repeat testing. Tab 2 is provided for informational purposes; there are no actions to be completed by offerors. Instructions for Tab 3. REAGENT CPT: Offerors shall complete column B for Reagent Cost-Per-Test (CPT) Price inclusive of all supplies and consumables relevant to each testing type. Prices provided in column B are carried over to Tab 1. VISN CPT for final pricing. Offerors shall identify what reagents and consumables are required to run a single test in column D. Instructions for Tab 4. INSTRUMENTS: Offerors shall complete columns A N for the proposed Instruments, costs, and quantities appropriate for each location. Note: Be sure to delete prefilled examples or irrelevant lines. Instructions for Tab 5. OTHER: If applicable, Offerors shall complete columns A N to include other hardware, software, or services. Note: Do not include software licenses in this section. Licenses will be listed in Tab 6. SERVICE. Note: Be sure to delete prefilled examples or irrelevant lines. Instructions for Tab 6. SERVICE: Offerors shall complete columns A K for annual service costs per VA location inclusive of preventative maintenance on equipment and software licenses (if applicable). Note: If priced separately, emergency repair services should be included in Tab 8. IND ITEM COST. Note: Be sure to delete prefilled examples or irrelevant lines. Instructions for Tab 7. INSTALL: Offerors shall complete columns B C for equipment installation costs (if applicable). If installation is free of charge, offerors may indicate Not Applicable. Note: Be sure to delete prefilled examples or irrelevant lines. Instructions for Tab 8. IND ITEM COST: Offerors shall complete columns A E for any additional items, equipment, reagents, controls, supplies, etc. that are priced separately and not included in the overall offered CPT price. Product Information Please provide informational brochures for all offered instruments/analyzers. (No more than 10 pages in PDF, MS WORD, or MS PPT format) Please provide information on the size (i.e. volume) for each reagent container. Vendor shall provide the approximate number of tests that can be completed per each reagent container. (No more than 10 pages in PDF, MS WORD, or MS PPT format) Please provide supply maintenance protocols and time stated to perform procedures. (No more than 10 pages in PDF, MS WORD, or MS PPT format) Solicitation / Contract Administration Data There are green boxes toughout this RFQ document that ask for basic information about the offeror that must be completed. To fill out all required information, use the Tab key on your computer keyboard. This will jump the Offeror to the next field that requires a response. Do not use the Enter key as that will not take the Offeror to the next field and only changes the spacing format of the solicitation. (End of Provision) (ix) 52.212-2 Evaluation -- Commercial Items (Nov 2021) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest priced quotation that meets all minimum system requirements in Attachment B and (any other stated requirements such as additional delivery requirements) that is both responsive and responsible. Acceptability of equipment/services shall be established by review of each submitted quotation by the designated evaluator(s) and verification that any equal-to items meet the salient characteristics included in this solicitation. Submissions to this solicitation must show clear, compelling and convincing evidence that equal-to items meet all the salient characteristics (see Attachment A and B). (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Must include a completed copy of the provision at 52.212-3 -- Offeror Representations and Certifications -- Commercial Items, with this solicitation or ensure SAM.gov is updated with current information. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. (xiii) The following clauses also apply: 52.211-6 - Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet are specified in the solicitation. (b) To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 52.216-1 - Type of Contract (Apr 1984) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation. (End of provision) 52.216-18 A Ordering (Aug 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from ____TBD______ tough ______TBD______ [insert dates]. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered "issued" when (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of clause) 52.216-19 - Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ______$500.00_______, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of ______$1,000,000.00_______; (2) Any order for a combination of items in excess of _____$2,000,000.00_____; or (3) A series of orders from the same ordering office within ______1_______ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ___5__ days after issuance, with written notice stating the Contractor s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 - Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor s and Government s rights and obligations with respect to that order to the same extent as if the order were completed during the contract s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after no later than the end of any valid outstanding delivery order. (End of clause) 52.217-6 -A Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 10 Days not to exceed a 50% of any and all line items within Attachment A. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-8 - Option to Extend Services (Nov 1999) 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 30 days of contract expiration. (End of clause) 52.217-9 -A Option to Extend the Term of the Contract. (Mar 2000) A A A A A A (a)A The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension. A A A A A A (b)If the Government exercises this option, the extended contract shall be considered to include this option clause. A A A A A A (c)A The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 Months. (End of clause) 52.223-99 - ENSURING ADEQUATE COVID-19 SAFETY PROTOCALS FOR FEDERAL CONTRACTORS (OCT 2021)(DEVIATION) (a) Definition. As used in this clause - United States or its outlying areas means (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985). (c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed tough Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition teshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas. (End of clause) 852.212-72 - GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) (DEVIATION) (a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM or by an intermediary distributor authorized by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. (End of clause) 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008) The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. (End of clause) In addition, the following clauses shall also apply: 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Jun 2020 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.209-6 Protecting the government s interest when subcontracting with contractors debarred, suspended, or proposed for debarment Nov 2021 52.227-14 Rights in Data-General May 2014 52.232-18 Availability of Funds Apr 1984 52.232-33 Payment by electronic funds transfer system for award management Jul 2013 52.233-1 Disputes May 2014 52.233-3 Protest after award Aug 1996 52.252-2 Clauses incorporated by reference Feb 1998 852.203-70 Commercial advertising May 2018 852.232-72 Electronic submission of payment requests Nov 2018 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998) 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): http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp (End of provision) The following provisions shall also apply: 52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.209-7 Information Regarding Responsibility Matters Oct 2018 52.217-5 Evaluation of Options Jul 1990 52.233-2 Service of Protest Sep 2006 852.233-70 Protest Content/Alternative Dispute Resolution Oct 2018 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference Jan 2008 36C26223Q0875 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 22
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