36C24123Q0851 Solicitation.docx

36C24123Q0851

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

07-03-2023 Tara Dossiema 603-624-4366 x5129 07-18-2023

12:00 PM

EDT

Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

X

611699 $16.5 Million

NET 30

Department of Veterans Affairs VAMC Togus

1 VA Center Augusta ME 04330

Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page This is a Non-Personnal, Firm Fixed Price Solicitatiom for Two-Way Interactive Virtual Wellness Platform Services for the Maine VAMC Healthcare System in pursuant with the Statement of Work herein.

Contractor will provide all personnel, supervision, labor, equipment, materials, disposal, and permits necessary to provide the services.

The Wage Determination is hereby incorporated. The Wage Determination will be based on the awarded vendors State and county of residence, where performance of the contract will occur.

See CONTINUATION Page

ALL

Tara Dossiema

VA-VHA-RPOE-2023-0056

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:

b. GOVERNMENT: Contracting Officer 36C241 Tara Dossiema

VAMC Manchester

718 Smyth Road Manchester NH 03104

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Whole Health Virtual Wellness Services VA Maine HealthCare System (VISN 1)

A. GENERAL INFORMATION:

1. Title of Project: Whole Health Virtual Wellness Services

2. Scope of Work: This is a contract to provide a virtual live/interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities described in this Statement of Work (SOW) to the VA Maine Healthcare System (HCS) Veterans, caregivers, and employees. The current model of providing these services to Veterans is unsustainable due to difficulty recruiting and retaining recreational assistants to provide the aforementioned services. Multiple gaps have been identified in the current care delivery model, which will be addressed through this contracted option for both Veterans, caregivers, and employees. For VHA Maine employees, this program would increase employee wellness and engagement resulting in a probable increase in retention rates, productivity, and decrease in turnover. Consistent yoga and/or mediation practice may have an impact on perception of pain, and therefore reduce Rx costs or unnecessary appointments at VHA MAINE. These wellness services will build resilience and encourage health among VA MAINE HCS for Veterans, caregivers, and employees. This contract will be effective for one (1) year from the date of the award with the option to renew for four (4) years.

3. Background: Provision of Complementary and Integrative Health (CIH) services within VHA is authorized under VHA Directive 1137. In order to ensure continuity of care, compliance with VHA Directive 1137, and a sustainable approach to CIH services for the future, a contracted option is being pursued at this time. These wellness services are considered a virtual care offering. This virtual care offering is virtual live/interactive videos within a digital platform that offers access to an assortment of wellness services. Wellness services include Yoga, Tai Chi, Meditation, iRest, and Mindfulness with all the support and personal interaction without the physical contact. These services are offered daily with a variety of times and because they are virtual no transportation is required. These services offer the accountability of taking a class without having to be inside the class and around groups of people. These wellness services will address multiple gaps in the current care delivery model: enhanced virtual care experience, additional class offerings, expansion of hours classes are offered, instructor and class level variety. VA Maine HCS is committed to the whole health transformation of healthcare among both Veterans, caregivers, and Employees. The COVID-19 pandemic has had an impact on overall employee well-being and additional access to virtual care wellness resources is an optimal approach.

B. GENERAL REQUIREMENTS

Contractor shall provide all access to services, modalities, labor, equipment, tools, materials, and other necessary items for live, interactive, virtual online wellness services professionally.

1) Services:

A license to the Wellness Services shall include unlimited access and provide the following:

0. Live Virtual classes to include Yoga, Tai Chi, Meditation, iRest and Mindfulness.

0. Live Virtual classes that are interactive allowing live feedback and support between participant and instructor, with no more than 20 participants per class.

0. Schedule to offer classes seven days a week including evening options Monday through Friday.

0. Schedule to also contain offerings no less than once daily taught by Veteran-focused and trauma informed instructors.

0. Classes shall be accessible to all IOS and Android users with compatible devices.

0. Vendor must have established standard operating procedure for addressing physical safety concerns of participants during live classes, with no more than 20 participants in any given class.

0. Vendor/services shall have an appropriate level of encryption to ensure security of user information

0. Services/classes must be supported and hosted on the web by the vendor.

0. Vendor must supply usage reports to the facility which include the ability to track and monitor user information of which all personal identifiable information has been removed to assess usability.

0. Vendor must accept and respond to feedback regarding the offered classes and will allow the VA to submit ideas for improvement/scheduling etc.

1. Specific Tasks.

1. The contractor shall allow access to multiple authorized users (VA Maine employees, caregivers, and enrolled Veterans) simultaneously to all electronic subscription services from any web-enabled computer.

1. The vendor shall provide access to telephone support during business hours Monday through Friday and a service line available 24 hours a day/7 day a week to receive service requests.

1. The vendor shall provide email technical support during business hours Monday through Friday and a service line available 24 hours a day/7 day a week to receive service requests.

1. Operation Efficiencies:

2. System configuration programming changes shall not require any exchange of parts and shall be capable of being executed remotely via a non-VA VPN connection.

2. Expand virtual wellness offerings without taxing VVC bandwidth.

1. Virtual live/interactive video streaming that VA Maine employees, caregivers, and Veterans can access from personal devices (i.e., smartphone, laptop, tablet, etc.) without need to go through the VA Network

2. Appropriate level of encryption to ensure security of user information.

2. User information involves self-reported data such as name, address, email, and password.

2. No ePHI (electronic protected health information) is transferred to vendors or customers.

2. No credit card or payment information is stored on Contractor’s website.

2. Ability to track and monitor deidentified user information.

3. Only transferable data is anonymized usage reports.

3. System automatically de-identifies and anonymizes user personal information when propagating usage metrics.

3. Metrics that are tracked include number of signups, total classes taken, popular classes, and total value of classes.

2. Opportunity to monitor use of new technology to determine if this type of platform could prove to be beneficial for other types of Complementary and Integrative Health (CIH) modalities in the future.

A. CONTRACTOR RESPONSIBILITIES:

(1) Contractor shall provide qualified and professional personnel for live, virtual live/interactive virtual wellness services to VA Maine Veterans, caregivers, and employees.

(2) Contractor shall provide access to specific services tailored for Veterans.

a) Wellness services shall be Veteran-focused and provided by instructors with trauma-focused training.

(3) Contractor shall provide access to all necessary services, modalities, and equipment to maintain full operation with no disruptions from the date of acceptance of contract.

(4) Contractor shall establish Standard Operating Procedure (SOP).

a) Contingency and safety procedures for addressing physical safety concerns of participants during live classes.

b) Operational procedures and website management structure.

c) Procedures for gaining acceptance/access into website.

d) Supplies and equipment practices.

e) Quality assurance and quality control procedures.

f) Contractor and project management procedures.

B. GOVERNMENT RESPONSIBILITIES:

(1) Government shall provide VA Maine HCS Veterans, caregivers, and employees all necessary information for access to Contractor’s digital platform.

(2) VA Maine HCS will allow for coverage and access of all its Veterans, caregivers, and employees.

C. OTHER CONSIDERATIONS:

(1) Contracting Officer Representative (COR): The Contracting Officer Representative shall be the technical point of contact for all service-related requirements. The COR does not have authorization to change, alter, or remove any requirements stated in the Statement of Work. The Contracting Officer is the only government authorized person to change any resultant contract.

(2) Contracting Officer (CO): The Contracting Officer has the authority to enter, administer, and terminate contracts. The CO can make related determinations and findings on behalf of the Government. The only individual legally authorized to bind the Government.

(3) Place of Performance: Contractor’s website

a. VA Maine Veterans, caregivers and employees can access services anywhere with electronic devices (i.e., laptops, tablets, smartphones).

b. Can access from personal electronic devices (i.e., smartphones, tablets, laptops) without need to go through the VA Network

c. Digital, online platform, virtual live/interactive video.

i. Personal interaction.

ii. No physical contact.

iii. No transportation required.

(4) Work Hours: Various Hours (flexible)

a. Daily variety of time schedules for access to live wellness services.

b. Participants would be able to access these live wellness services at their convenience.

i. Online access to an assortment of wellness services tailored to VA Maine Veterans, caregivers, and employees with various time schedules daily.

(5) Period of Performance: The period of performance will be for a base year of twelve (12) months and four (4) option years that are each for a period of twelve (12) months in length.

a. Base Year: Period of twelve months which begins on the contract award date.

b. Option Year 1: Period of twelve months immediately following the end of the base year.

c. Option Year 2: Period of twelve months immediately following the end of the option year one.

d. Option Year 3: Period of twelve months immediately following the end of the option year two.

e. Option Year 4: Period of twelve months immediately following the end of the option year three.

(6) Invoice Requirement: Contractor shall submit yearly invoice with pre-printed company name. All invoices from Contractor shall be electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Request.

a. Invoice Number and Date.

b. Contract Number.

c. Purchase Order/Obligation Number.

d. Net Payment Due.

(7) Security Requirements

a. The contracted personnel will not have access to VA information systems or sensitive information

b. The contracted personnel will not have a need to be onsite at a VA facility

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Two-way, interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities in accordance with the statement of work.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction PRODUCT/SERVICE CODE: U009 - Education/Training - General

Two-way, interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities in accordance with the statement of work.

Contract Period: Option 1 POP Begin:

POP End:

Two-way, interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities in accordance with the statement of work.

Contract Period: Option 2 POP Begin:

POP End:

Two-way, interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities in accordance with the statement of work.

Contract Period: Option 3 POP Begin:

POP End:

Two-way, interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities in accordance with the statement of work.

Contract Period: Option 4 POP Begin:

POP End:

SECTION C - CONTRACT CLAUSES

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.1 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 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

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 one (1) year.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Past Performance Questionnaire

1. Name of Contracting Activity, Government Agency, Commerical Firm or other Organization:

2. Contracting Activity Address:

10. Place of Performance:

11. Description of Work (Use a continuation sheet if necessary):

12. list any commendations or awards received:

13. list of Major Subcontractors:

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SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 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/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Provision)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision) E.3 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

E.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) (End of Addendum to 52.212-1)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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.

(b) The following factors shall be used to evaluate offers:

· Price

· Past Performance

· Technical

Evaluation Approach: The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

1. Price (Follow these instructions):

a. Standard Form 1449 (page 1), Solicitation/Contract/Order for Commercial Items, with blocks 12, 17, 30a, 30b, and 30c completed by the offeror.

b. Quoter will complete section B.3 Price/Cost Schedule, sec. B.2, pp. 8-9. Firm, fixed pricing for each line item is required.

c. Solicitation Clauses "Offeror Representation and Certifications -Commercial Items", completed by offeror at (https://SAM.gov), or a Reps and Certs print out may be submitted.

d. Complete the Contractor Certification of Compliance with 13 C.F.R. 125.6, Limitations of Subcontracting, sec. C.4, pp. 12.

2. Past Performance:

a. Provide (3) references of work, similar in scope and size with the requirement detailed in the Statement of Work. Refer to Past Performance sheet in section D. References must include contact information, brief description of the work completed, and contract # (if relevant). References may be checked by the Contracting Officer to ensure your company is has complied with prior requirements, responded to issues and performed in accordance with the PWS.

b. Past performance information may also be obtained from other sources available to the Government to include, but not limited to, Past Performance Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), or other databases.

3. Technical: The offeror’s quote shall be evaluated to determine if the contractor has the experience and capabilities to provide quality services in a timely and efficient manner.

a. Contractor shall demonstrate their corporate experience and approach to meet all requirements stated in the Statement of Work.

b. Contractor will provide a quality control plan, which explains the offerors approach to quality control and methodologies

c. If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort.

Award will be made to the best value, as determined to be the most beneficial to the Government. Please read each section carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information shall be considered non-compliant and your quote will be removed from the evaluation process.

* SDVOSBs and VOSBs must be registered and certified in the Vendor Information Pages (VIP) database (http://www.VetBiz.gov).

* This is a Small Business set aside for Two-way Interactive Virtual Wellness Services at VAMC Maine Healthcare System. The government intends to award a firm fixed price contract for this service.

* Offerors should carefully follow instructions included in 52.212-1 and for evaluation criteria specified in section E (52.212-2). Pricing should be identified B.3 Price/Cost Schedule located in sec. B.3, pp. 8-9.

* All quotes shall be emailed to: tara.dossiema@va.gov. Any quote non-compliant with RFQ requirements will not be considered. No questions after July 11, 2023 at 12:00 p.m. Eastern Standard Time. This solicitation will close July 18, 2023 at 12:00 p.m. Eastern Standard time.

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 127, and the concern is identified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and…