36C10X22Q0186_1.docx

SUBJECT*

Weight Inventory Management System

GENERAL INFORMATION

SET-ASIDE

Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Dante Ruiz Dante.Ruiz@va.gov Carey M. Kauzlarich Carey.kazularich@va.gov

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), 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. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C10X22Q0186.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06, effective April 26, 2022, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/.

This Solicitation is being conducted as a tiered evaluation.

The tiers are defined as follows (See Evaluation Section for details):

Tier 1 - Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Tier 2 - Veteran-Owned Small Business (VOSB) Concerns Tier 3 - Small Business Concerns Tier 4 - Large Business Concerns

The North American Industrial Classification System (NAICS) Code is 541519 – Other Computer Related Services, and the business size standard is $30 million.

All interested companies shall provide quotations for the following services:

· See Attachment A, Questioner Template

· See Attachment B, Infection Control Risk Assessments for Work Orders

The contract resulting from this solicitation will be a Firm-Fixed Price contract.

The anticipated Period of Performance will be Base with four 12-month option periods.

Respondents are to quote Firm Fixed Prices for all line items on the B.3 Price Cost Schedule.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

Note: To receive an award resulting from this solicitation, respondents must be registered in the System for Award Management (SAM) database IAW FAR 52.212-(k). Registration may be done online at: www.acquisition.gov or www.sam.gov .

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(See Section B.3 invoicing/payment) Austin TX 78714-8917 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

Weight-Based Inventory System

1. Contract Title

Weight-Based Inventory Management System for Clement J. Zablocki Veterans Affairs Medical Center (VAMC)

2. Background

Historically, Clement J. Zablocki VAMC has used a non-weighted bin-based Supply Point of Use (S-POU) system for inventory management. The facility has realized this system is not efficient as it requires staff to continuously scan the inventories to track changes. Facility leadership researched how similar size facilities were able to gain better inventory tracking systems, reduce stock outs, and to reduce cost. The facilities that have been the most successful in these transitions have moved to “grab and go” Weight-based Inventory Systems (WBIS) that automatically tracks inventory.

A “grab and go” configuration with open bins on scales allows for ease of use. This requires no interaction from the clinician with the system to decrement items taken. It also provides bins on scales mounted within an enclosed cabinet model to store pilferable items of higher value.

3. Scope

The contractor shall provide a labor, supplies, licensing, support, and software/hardware to install and maintain a weight-based inventory management system that detects and transmits real-time information into the Government owned Generic Inventory Package (GIP). The contractor shall install and support the Weight-Based Inventory System at the Clement J. Zablocki VA Medical Center in Milwaukee, WI and ensure system is fully operational, and fully trained staff to be knowledgeable on the use of the new system.

4. Places of Performance

Clement J. Zablocki VAMC Campus 5000 W. National Ave Milwaukee, WI 53295

5. Period of Performance The period of performance shall be a 12-month base period and four 12-month option periods.

Installation shall be completed one-year from contract award.

6. Travel

There shall be no travel on this contract.

7. Specific Tasks

Turnkey Installation:

The contractor shall provide products and services to support installation of a “grab and go” weight-based inventory system. Products include software and licenses, scale products and hardware accessories, and third-party storage products. Services include turnkey installation, interface development with Generic Inventory Package (GIP) system, third-party installation of louvers, data lines, power receptacles, and a 12-month service agreement. The contractor shall provide a labor, supplies, licensing, support, and software/hardware to install and maintain a weight-based inventory management system that detects and transmits real-time information into the government owned GIP, via Vista/IFCAP access.

7.1.1. Clement J. Zablocki VAMC – Main Hospital

Provide and install weight-based system at the following 59 locations (bins, scales, hardware, etc.). The locations will be in main hospital and the Clement J. Zablocki VAMC campus.

7.1.2. Building Location

Building 146 CLC

Building 147 CLC

Building 148 CLC

7.1.3. Site Preparation (Room Specific): Site preparation will vary by room size, location, and type of installation. Specific preparation tasks will be shared between the contractor and Clement J. Zablocki VAMC staff prior to installation:

1. Clement J. Zablocki Supply Chain Management (SCM) staff will be responsible for relocation of clean supplies to a suitable temporary site. Whenever possible, relocated supplies should be in similar groups/locations as they were in the original room. Staff to communicate the temporary location and timeline to clinic/ward staff.

2. The Contractor shall complete site preparation required for installation to include, but not limited to measuring, marking, drilling holes, etc.

3. Reserved

4. Clement J. Zablocki staff will inspect the installed equipment for damages. The contractor shall fix/repair/replace any damages to the facility and/or equipment. Repairs shall be completed by the contractor using guidance provided by Clement J. Zablocki VAMC FM staff.

7.1.4. Installation: The Contractor shall be responsible for all installation tasks. The type of louver/rack installation is determined by room layout. Tasks include:

1. Installation of louvered cabinet systems

2. Installation of free-standing louvered racks

3. Install or relocate existing power outlets

4. Install or relocate data outlets

5. Install additional structural support (if necessary)

7.1.5. Installation Damages: Contractor is responsible for repairs/replacement of all damage done to the VAMC in performance of this this project. This includes but is not limited to damage on walls, floors, windows, doors, electrical units.

7.1.6. Infection Control: All installation tasks must adhere to VA and Clement J. Zablocki VAMC Infection Control Department safety protocols and policies.

7.1.7. Functionality:

The inventory management system shall produce an accurate real-time reading of quantities on-hand. This information shall be accessible by web-based program and provide data mining capabilities that shall include at a minimum: current stock levels, recommended order points, average usage levels per item, and ability to track medical supply usage per patient.

The weight-based inventory management system (WBIS) will be interfaced with the VA’s GIP. The primary purpose of the interface is to identify out of balance on-hand quantities and values between GIP and the WBIS bins.

WBIS will identify out of balance on hand quantities and values, accounting for any due out or due ins. If the out of balance condition is caused by a pending due in or due out, it will be displayed separately to easily identify. WBIS due-ins and due-outs will automatically be removed when GIP due-in and due-outs are “cleared”.

The functionality of the WBIS is listed below.

1. Essential/significant physical, functional, or performance characteristics.

The Clement J. Zablocki VAMC facility needs to upgrade the current Supply Point of Use (S-POU) System. The S-POU system shall have the following salient characteristics:

A. Allow for a “grab and go” configuration that requires no interaction from the clinician with the system to decrement items taken B. Weight based C. Provide real time visibility to our Inventory locations D. Able to interface with GIP package in Integrated Funds Distribution Control Point Activity, Accounting and Procurement (IFCAP) E. Capable of tracking, adjusting, and reporting comprehensive real time information pertaining to the inventory of a secondary location F. Depletion of stock triggers “pick” tickets based on PAR levels, re-order points, and emergency stock levels G. Intuitive Software H. Software training which is easily understandable I. Software which can utilize multiple users with different levels of permission J. Must be able to handle a wide range of products based on size, thickness, and weight K. Allow access via web-based program that shall be available on any computer and/or mobile device for reporting purposes and evaluation of inventory levels for an unlimited number of users.

L. Reports generated by software must be relevant to Association for Supply Chain Management (APICS) Principles of Inventory Management standard and include the following:

1. Equipment Status A. Communication about system status including system failures

2. Materials Management Status

A. Open Orders B. Emergency/Critical Item Levels C. Negative Quantities on-Hand

3. Item Locator

4. Customer Item Requisition

5. Par Level Analysis

6. Current Levels A. Level recommendations by cost and usage demand SKU reduction recommendations B. Items over par level C. Stock outs and critical hits par level value over time

7. Consumption A. Average monthly usage B. Consumption analysis including time C. Consumption deviation D. Consumption over time

8. Reports A. Activity detail (sales, receipts, adjustments, etc.) to include time inventory on hand changed B. Quantity on-hand Value on-hand C. Department transactions D. Cycle count sheet E. Out of balance with GIP on hand F. Due ins G. Due outs H. Issue multiple discrepancies between GIP and WBIS I. Emergency levels

9. Orders A. Existing orders B. Order preview

10. Items A. Item master Item history B. Item classification Reconciliation history C. Most recent recon per item Installed equipment shall have a one-year full equipment replacement for defects or damage not caused by VA personnel.

8. Hardware and Software:

The contractor shall deliver and install software and licensing solution that can interface with the VA’s GIP system in real time for reporting purposes. This interface must comply with all VA security regulations.

8.1. Install:

1. Install on 1 (one), at a minimum, VA owned desktop or laptop computer the program and software package used to add, delete, and edit items stored in the bins/platforms to manage inventory items and levels at each designated facility. Up to four (4) additional laptops may be added during the contract performance based on usage and need.

2. Install software on 1 (one) VA owned laptop for system set-up and installation. Install and prepare VA owned server for transmission of information between Contractor and VA for maintenance and monitoring of equipment in use.

3. An application server located in a VA Data Center will be provided by the VA. This server is dedicated to the WBIS application. This server will host the application websites and run the application services (including the interface to GIP). The server can be built using the standard VA image for servers that run Internet Information Services (IIS).

4. A Structured Query Language Server (SQL) located in a VA Data Center will be provided by the VA. This SQL Server does not need to be dedicated to the WBIS, so normally this will be an existing SQL Server at the VA. This server will host the application database. The database can be placed in the same instance as other databases, or it can be put in its own instance.

8.2. Access: The contractor shall grant accesses and train approximately 40 VA employees on the web-based program that shall have unlimited user access and provide reports and data mining capability of current inventory including but not limited to current stock levels, recommended order levels, and average usage levels. The system shall be capable of producing reports in Excel or text delimited format using commercially available software. Training includes but is not limited to:

· Adding items

· Removing items

· Assigning items

· Weighing items

· Editing Items

· Troubleshooting

· Reporting functions

· Par Vision

· Process definition

8.3. Licensing: Any licensing shall include one-year license agreement for use of Inventory Management System and related support and automatic software upgrades of the installed program and software for each year of performance. Web-based program shall be available on any computer and/or mobile device for reporting purposes and evaluation of inventory levels for an unlimited number of users.

8.4. Support: Support shall include continuous monitoring by means of a minimum of four remote checks of equipment functionality by contractor personnel every 24 hours. Notification and maintenance support from contractor personnel in the event of a problem with equipment or software. Contractor personnel shall respond to service calls no later than 24 hours after being notified of a problem with either equipment or installed software. Equipment and related hardware shall be replaced within 48 hours of notification of a problem if VA is not at fault for damage or defect.

9. Performance Monitoring

Completion of the install will be verified by the COR or designated VA personnel. Functionality and accuracy of the installed equipment will be continuously monitored by VA Supply Chain Management staff to ensure equipment is functioning properly and providing accurate and timely information for inventory and reordering purposes. Installed equipment and software shall be monitored by contractor employees by daily check-ins that shall occur remotely at least 4 times every 24 hours. Contractor support to be provided for any defects or functionality problems by contacting the contractor via email or telephone within time frames designated in 8.4. The contractor shall meet (e.g., in person, telephone, etc.) with the COR monthly to address any unresolved issues. Any unresolved and/or continuous issues will be addressed to the Contracting Officer for corrective action.

10. Delivery Schedule

Installation schedule shall be agreed upon no later than 30 days after contract award date. Installation shall be completed within 1 year of contract award date.

11. The Performance Requirements Summary Matrix

The Performance Requirements Summary Matrix includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Installation

Positive performance evaluation in Contractor Performance Assessment Reporting System (CPARS)E

Positive performance evaluation in CPARS

7.1.4.2

Positive performance evaluation in CPARS

7.1.4.4

Positive performance evaluation in CPARS

7.1.6.2

7.1.7.1

Positive performance evaluation in CPARS

Positive performance evaluation in CPARS

Positive performance evaluation in CPARS

METHODS OF QA SURVEILLANCE

a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

b. PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections may be scheduled [Daily, Weekly, Monthly, Quarterly, or annually] or unscheduled, as required.)

c. USER SURVEY. (Combines elements of validated user complaints and random sampling. Random survey is conducted to solicit user satisfaction. May also generate inspections and sampling.

d. VALIDATED USER/CUSTOMER COMPLAINTS. (Relies on the patient to identify deficiencies. Complaints are then investigated and validated.)

e. RANDOM SAMPLING. (Designed to evaluate performance by randomly selecting and inspecting a sample of cases.

f. PROGRESS MEETINGS.

12. Security Requirements

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 through 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.

APPENDIX C C-2 3. 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.

APPENDIX C C-3

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

g. All security and/or privacy incidents are reported to the Privacy Office and ISSO immediately. If after hours all incidents are reported to the VANSOC at 855-673-4357 option 1 and option 1 again.

13. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI)

The VAMC will furnish equipment for installation of contractor owned software and related programs needed to make the installed equipment operational.

The Government estimates that the following GFE will be required by this contract:

1. 1 standard laptop

2. 1 server

3. 1 desktop computer

The Government shall retain title to all data produced during the performance of this contract.

The Government also will not provide IT accessories including but not limited to Mobile Wi-Fi hotspots/wireless access points, additional or specialized keyboards or mice, laptop bags, extra charging cables, extra PIV readers, peripheral devices, additional RAM, etc. The Contractor is responsible for providing these types of IT accessories in support of the contract as necessary and any VA installation required for these IT accessories shall be coordinated with the COR.

14. Risk Control Employees of contractor responsible for installation and setup will be subject to a Special Agreement Check (SAC), which includes fingerprint analysis. Upon successful completion of the SAC, contracted employees shall obtain a VA badge and must wear on their person above their waist and visible.

Employees of the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance or Guidance).

Contractor may be installing a supply storage and tracking system in an area under construction. Workers will need to be cognizant of staff movements, equipment and a plethora of activity during certain periods of the workday. Installation staff shall have no patient contact or access to sensitive patient information. COR will be available for risk intervention should the need arise.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

To be completed by Respondent with their quote

To be completed by Respondent with their quote

To be completed by Respondent with their quote

To be completed by Respondent with their quote

To be completed by Respondent with their quote

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SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(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) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4) C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of…